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Full text of "Petition of William L. Mackenzie, acting executor to the estate of the late Robert Randall, Esq., of Lincoln County, M.P.P. [microform] : relative to the sale of lot 40, in Nepean, on the Ottawa, (Bytown), at the suit of Hon. H.J. Boulton, solicitor general of Upper Canada; together with reports of committees of the House of Assembly of Upper Canada; copies of bill spassed for Randall's relief ... also the evidence on which such reports and bills were founded"

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PETITION 



WIIXIAM L. MACKENZIE, ACTING EXECUTOR TO THE 
ESTATE OF THE LATE ROBERT RANDALL, ESQ.; 
..^^ OF LINCOLN COUNTY, M. P. P., 

Relative to the Sale of lot 40, in Nepean, on the Ottawa, (By town,) at the 
suit of Hon. H. J. Boulton, Solicitor General of Upper Canada ; together 
with Reports of Committees of the House of Assembly of Upper 
Canada; copies of Bills passed for Randall's relief, and successively 
appointing Hon. Louis Joseph Papineau and others, as Umpire or Chan- 
cellor in the case ; also the evidence on which such Reports and Bills 
were founded. 



N' 



ORLMiRED LY THE LEGISLATIVE ASSEMBLY TO BE PRINTED, 

October 27, 1862. 






■^ ' Quebec, 27^A October, 1852. .^ 

To the Honorable the Legislative Assembly of Canada, - . ' 

THE HIBIBLE PETITION OF WILLIAM LYON MACKENZIE, ACTING EXE- 
CUTOK TO THE ESTATE OF THE LATE ROBERT RANDALL, OF CHTP. 
PAWA, ESQUIRE, MEMBER FOR LINCOLN COUNTY, IN THE UPPER 
CANADA LEGISLATIVE ASSEMBLY, 

. ■ • .» 
Sheweth: 

Thai, in 1832, the House of Commons of Great Britain and Ireland unanimously 
addressed the Crown for a copy of an Address to His Majesty King William TV, from 
the House of Assembly of Upper Canada, dated in 1829, which they ordered to be 
printed and placed among then: Sessional papers. 

^While describing the administration of justice in Canada, the Address tells the 
King, that " In Michaelmas Term last, Mr. Justice Hagerman, m&ney constiitUed our Cowt 
" of King's Bench, wherein he confirmed his oion questioned judgment ai the preceding Assizes^' 
^Hn which Mr. Justice Sherwood was interested, the remit of which trial involved a property 
^* of very great value, acquired through those extraordinary judicial proceedings in tJie case of 
" Mr. mmdall, wliose injustice has long leen unavailinglg an olject of legislative relief and 
"public sympathy. It is from such proceedings, such Courts, and such Jtdgea that the j 
** dmre to be relieved J^ 

The history of Robert Randall's sufferings and misfortunes would fill a voloflae t 
he often expressed an opinion that much of the acknowledged injustice done him in the 



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PBTITION — MACKENZIE, FOR RaKDALL's DBVI8BE8. 



Tribunals of Canada, had arisen out of a prejudice against American Iminigrants, a 
very large body of whom the Government party of his day publicly endeavoured to 
deprive, at once, both of their freeholds and their franchises. His extraordinary case 
haa excited much attention on both sides of the lines, and very many persons, besides 
the Chief Magistrate of the American Union, arc impressed with the belief that he was 
a victim of colonial oppression,* Four times in the matter of his Chaudiere Estate, did 
different Legislative As-semblics vainly exert themselves to redress the manifest wrongs 
done to him and his devisees ; the honest sympathies of the people long upheld him m 
public life, ai.d enabled him to defeat the Upper Canada authorities when they sought 
to oppress his countrymen ; but even the Governor General of Canadaf entirely failed in 
his laudable efforts to protect him in the rightful possession of a very valuable landed 
property, which has been boldly wrested from him and his devisees, in open defiance 
of impartial justice and moral right. 

" Civilization rests upon the security of property ; neither the finest soil, nor the 
moral and intellectual constitution of any Country can prevent its relapse into barbar- 
ism, if the right to enjoy property is not secure. Were the Bench of Judges at To- 
ronto, in the present day, to serve every Defendant in a civil suit with a demand of plea, 
and give him eight days to plead, in case he resided in that City, but if, (as was the 
case with R. Randall) he resided in Chippawa or in Glengarry, only four days were 
allowed him, with an order that the demand of plea be lefl in some office at Toronto, 
where Defendant would never hear of it, he not residing there — if the venue were 
laid in Toronto, although the Defendant lived at Cornwall, Plaintiff pretending to con- 
form to the Statute, by swearing that he did not know where Defendant lived in Tor- 
onto, where he knew he never nad lived — were this the usage, and were such frauds 
upon justice without a remedy, many innocent and just persons would be plundered 
and cruelly injured before knowing that they had been at law. It was far worse in 
Randall's time, when invaluable estates could be sold and alieniated after a sham law- 
suit, without even the formality of a newspaper notice or printed handbill to tell of the 
Auction. I 

The distinguished persons who composed the Special Committee of the Upper 
Canada Legislative Assembly, in 1828, in one of the cases of grievance complained of 
by Randall, correctly remarked, that 

"Irregularities may be waived after notice of them, by delay, or by taking a step 
" in the defence ; but it would be productive of incalculable injustice if all notices could 
** be suppressed, a suit clandestinely carried through all its stages, at the sacrifice of 
" all law, and the ruined Defendant precluded from relief, while the Plaintiff sheltered 
" himself under his own wrong. If this can be law your Committee would recommend 
" a Legislative provision against it — for no Defendant should be deemed guilty of irreme- 
" dial neglect when the Plaintiff keeps hJmin the dark by his own wrong. Mr. Bouiton 
" was conducting a cause for himself against his own Client, and when they consider 
" the nature of the debt, the great and multiplied irregulaiities by which, the judgment 
" and execution were obtained, the great value of the property sacrificed, and the ex- 
" pensive and fruitless endeavours of the Petitioner to obtain a reversal of the proceed- 
" ings, they do not hesitate to recommend relief." 

The devisees chieflj interested in the result of this application, are Randall's four 
,, grand children in Drummondville, Welland County ; Frederick Smith, of Brantford; his 
f diildren, Thaddeus, Maria, Edmund, William, Eawin, and George, and their children ; 
W. Hewston, Halifax ; the children of the late Colonel Thomas Homor, Oxford County ; 
cJiildren of late Dr. John J. LefFerty, Stamford ; the heirs of late W. B. Wilson, Bal- 
timore, Md., Antoine Belanger, and Maria Stark, Montreal ; Randall's nepHfews and 
nieces in Maryland, Gerard Gover Wilson and Sisters. 

-' \\OTli* ^** doouments — ^latter O. 

.\vj>— -~^^e dooumenta — letter A. ., 

vx r«6^^uBe of Aasembly'* Report and Evidence of 1828 ; see also docomenta — Utter L 




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PBTITIOK — MACKENZn, FOR RANDALL'S DBVISEBS. 



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The Wilsons retained the present Chief Magistr.ite of the United States to look after 
their interest, who, after sueh inquiries as he was enabled to make, wrote the Fetif'oner 
from Buffalo, 9th February, 1838, speaking f his law firm there, 

" From what we have been able to learn, toe are led to think that Mr. Randall wasgreat- 
" ly injured hij the Government party while living." 

Your I'etitioner understands that Hon. Levius P. Sherwood, then of BrockviUe, 
was warinly supported in February, 1821, for Speaker in Assembly, by Mr. Randall, 
then in ignorance of the part he had taken in the purchase of his Chaudiere Estate, the 
manner of the seizure and sale of which has since excited so much feelins in Canada 
West. The notice, by the Petitioner, to prevent individuals from blindly involving 
themselves by purchasing from Sherwootl and LeBreton, and to prepare all concerned 
previous to the meeting of the Legislature, in 1836, as published for a series of monthai 
in the Upper Canada Uazette, was in these words : 

" To all whom It may concern.'''* 

" Public notice is hereby given, that application will be made to the Legislature, at 
** its next ensuing Session, by petition from the Executor to the Estate of the late Robert 
"Randall, Esquire, for the enactment of a law establishing a special Tribunal for the re- 
** vision of certain proceedings in the Court of King's Bench, by which 950 acres of land 
" in the Township of Nepean, in the County of Carleton, consisting of Lots Nos. 38 and 40 
" in the first Concession from the Ottawa River, and the broken fronts of said Lots, with 
" the broken Lots, Nos. 10 and 11, first Concession on the Rideaa ; also Lot No. 11 in 
" second Concession, and the front three-fourths of Lot No. 10, granted by the Crown 
" to the said Robert Randall, Esquire, in 1809, were adjudged to be sold, and were 
"sold, by the Sheriff, and conveyed to others; and until the issue of such application 
*' shall be determined, all persons are warned against purchasi- ^ or leasing any part of 
" said property." 

Your Petitioner was in error as to Lot 11, in the second Concession, which never 
was attempted to be sold or interfered with. The usual notices, in the Canada Gazette, 
and in the Bytown newspapers, have been duly given relative to the present application 
to Your Honorable House. 

In 1798, Robert Randall, Esquire, then a young gentleman of respectable connec- 
tions, large pecuniary resources, and good cretut, emigrated from Maryland, his native 
State, to the District of Niagara, in Canada, wiih the intention of erecting and estp-blish- 
ing extensive iron works, near the Falls of Niagara, and of carrying on the business of 
manufacturing wheat-flour there : although born a subject of King George DI, he took 
the oath of allegiance before Mr. Commissioner Dickson, at Queenston, August 13th, 
1802. 

On the 2nd of November, 1798, he was introduced to Mr. President Russell, by 
letter from the Hon. Robert Hamilton, of Queenston, now on fyle in the Executive De- 

gartment, who therein stated that Mr. Randall's object was a very important one to 
anada, that the iron ore near the Falls was inexhaustible, and that " Mr. Jtandall brings to 
" you a better introduction than any I can offer him. He claims my attentions from very res- 
^^pectable recommendations he brings from my friends in Neto York.'" 

Mr. Randall then stated his plans and projects to the President, who gave him 
every possible encouragement. A minute of the Executive Council, dated January 
14th, 1799, thus concludes ; " He {Mr. B.) must distinctly understand that it is expected 
" that he tetll put all confidence in the Boyod, promise as pledged by tlie President and Council; 
" and tJiat he must not expect to have a grant or lease of the spot in question (the front of the 
" River Niagara, from above Bridgewater Mills to the Chippawa River) until he ha.* com- 
"pletely complied with all his engagements." 

'mr. Randall erected his forge and manufactured cast and bar iron on the banks of 
the Niagara ; his mills were burnt and his forge destroyed by the enemy during the 
War uf 1812 ; the ple(^e of the Government to lease him the valuable property he had 



'%■ 



PETITION— MACKBNZW, POR RANDAIL'b DEVISEES. 



AT^ '^^ 



Rskcd was never fulfillrd ; his repeated requests, even to be furnished with a copy of it, 
were steadily refused. It is presumed that he was the first manufacturer of wrought 
iron in the Canadas,'"' 

Toward the close of the last century, Mr. Randall purchased one-half of the Bridge- 
water Works, and the grist and saw-mills at Niagara Falls, from Messrs McGill and 
Canby, and the other half from Mr. Elijah Phelps ; took possession ; carried on a large 
mercantile and milling business in the early part of the present century ; and gave such 
extensive country credits as induced him, alter the failure of his British and Quebec 
correspondents, Messrs. Burton and McCuUoch, to surrender possession of the Bridge- 
water property for a time to meet certain Lower Canada claims.f His tenant in pos- 
session, the lute J. Durand, Esquiro, made over the property informally to Messrs. 
Clark and Street, and Colonel Clark went to England after the War of 1812, and had a 
very imperfect title changed into a land-patent from or by authority of the Prince 
Regent, Mr. R. being then ni the Montreal Prison. This deed was obtained upon exparte 
statements. 

Besides his establishment at Niagara Falls, Mr. Randall had a large mercantile 
concern at Corn wall, where he built the Episcopal Church. In 1807, he explored the 
Ottawa and Rideau Rivers, accompanied by Indians ; readily perceived the value of 
the Chaudifire Falls property at the Richmond Landing ; and employed Mr. 11. J. Boulton 
and his father, to get a patent from Governor Sir P. Gore, of 1,000 acres in Nepean, 
of which Lot No. 240, on the Ottawa, (some 276 acres) is now in the heart of Bytown, 
and Lot No. 238 close by it. Six hundred acres, rich with iron ore, in Hull, adjoin- 
ing Bytown, also belong to his estate ; he was the first settler in Bytown — had a store 
there, in the wilderness, as early as 1809 — and was preparing to go into the business of 
manufacturing iron on the Ottawa, when he was arrested for a debt at the suit of the 
late Col. Thomas Clark, who visited him often in Gaol, at Montreal to induce him, for a 
consideration, to quit his claim to the Bridgewater Estate at Niagara Falls, but in vain. 
After nearly seven years of close confinement there, and when the patent to 
Clark for Nianjara Falls property was completed, Randall's prison doors were opened, 
and he immediately went to Niagara, employed the elder Mr. Boulton, then Attorney- 
General, to commence an action for part of nis damages, and got £10,000 of a verdict, 
which was set aside by the King's Bench Court, in banc ; in another suit, damages 
were also given him, and the case was left to an arbitration, at which nothing was 
done. 

When the senior Mr. Boulton was placed on tlie King's Bench, he advised Randall 
to fee his son, Henry John, which he did : the father then handed over all the papers 
in Randall's matters to his son, and took the Niagara Circuit where Randall's case was 
by far the most important, though he had determmed not to try it, but to throw it 
another year back ; the son asked Randall for his note for £26, for crossing from To- 
ronto to Niagara, under these circumstances ; got it ; and then the father refused to 
hear the cause. Mr. H. J. Boulton also got of Randall a mortgage on Lot 11, in Nepean, 
for a balance of charges alleged to be due to his father, the Judge, on the unfinished 
lawsuit, and on account of the son's labors as Attorney in the same cause.:): 

Randall had struggled for justice against the wealthiest men in Canada West, till he 
was penniless ; Boulton know this, and assured him he would never desert him. 
There was no Court of Equity during Randall's Ufetime into which be could bring Co- 
lonel Clark's title to Niagar-^ Falls estate; and in April 1819, Boidton turned round 
upon him, claiming about £50 for his falJier's services ; £47 for attending at an arbi- 
tration not gone into ; about £1G of interest, and the above note for £25 ; in all 
about £142. Boulton sent him (Randall) a summons for these law costs, and then 

*Ia his petition to Sir F. Gore, 1809, now on fyle in the Executive Council 0£Bce, Mr. Randall etatei 
that the first 'wUeaten flour manufactured in Upper CJanada for the European marl^et, was ground at hiB Bridge- 
water Mills. See document* — ^letter K. 

f Na. Burton nnd J. M. McCulloch, merchants, Lower Canada, in 1800, 1801 and 1802. 

X See documents, — letter C. 



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FBTITION — MACKEHZIE, FOB BA5DALL'B DEYI8BI0. 




demand of plea to the declaration was ever made by Boulton, Randall knew there 
could be no lawsuit Against him. But there was a pretended lawsuit, and that too 
without notice to the party whose invaluable property was destined to be cruelly sacri- 
ficed Ly his own attorney. 

In the autumn of lol9, one of Randall's great Bridgcwater suits came on, at St. 
Catharines, and for the fourth time ; but Boulton was not there : he was then secredy 
prosecuting his own client for law costs, though Randall had implored him not to 
desert him in his hour of need. 

The present Chief Justice (Robinson^, and the senior Barrister and senior mem- 
ber of the law Society of Upper Canada (Beardsley), were retained by the affluent de- 
fendant ; and |)oor Randall, who never had spoken in public, and couldn't, and who 
knew nothing of law pleading, stood alone without Counsel, opposed by the great skill 
and eloquence of the ablest lawyers of that day, his own hired Advocate having been 
added to his opponents, in the hour of difficulty. His cause, often- gained before, 
was lost. Mr. Solicitor General Boulton's two letters to Randall, previous to the 
above trial, were given in evidence before the Committee of Assembly, in 1828, and 
are as follow : 

" To Robert Randall, Chippawa." 

' " York, 8th July, 1819. 

" From what has occurred I suppose you do not wish me to advocate your two 
causes at the next Assizes ; if that is the case, I should wish to know it immediately, 
as it will save me some trouble. Indeed I am not very anxious to be the advocate of 
a person who is so very illiberal in his sentiments, because I should expect (fi-om the 
specimen in your former letter) that, should all my efforts prove of no avail, you would 
accuse me of not sufficiently exerting myself, and allowing the other side, firom im- 
proper motives, to obtain undue advantages. 

*' At all events, in order that I may not subject myself in future to the like treat- 
ment and similar observations, I shall expect the fee with my brief to be advanced, 
which will preclude all misunderSHmdings, 

" If possible to be procured, you should have the original note upon which the 
judgment in Mr. Clark's suit was obtained. You had better write to some of your 
friends, in Montreal, to apply to the Officer of the Court for it who, perhaps, will give 
it up. 

" Your obedient servant, 



(Signed,) 



"a J. BOULTON." 



>>.,> 



» To Robert Randall, Chippawa." 

' . "York, 24<Ai!fay, 1819. 

" SiB, — i received your most extraordinary letter of the 17th instant, by Mr. 
" Smith, which, if there is any meaning at all to be given it, is a very impertinent one, 
" and such an one as I will not permit you nor any other client to write to me with 
" impunity. I would have you to understand, that I am not rendering you any pro- 
" fessionaJ assistance, from what you may fancy popular reasons : and therefore, any 
" furtlier than my duty to my client prompts me I do not care a farthing about you. 
" You gave me what I expected at the time to be a security for £100, half for 
" my own benefit and half tor my father's. This security, I find not worth half a 
" dollar per acre, as there ore no inhabitants in the Township. In addition to which 



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PETITION — MACKENZIE, FOR RANDALL'S DEVISEES. 



" I have your note for X25, due on the first of this month, Ijoth which sums, with 
" interest, aniuunt to nearly X140. And the security I have, indetwndent of your per- 
" Bona! ros[)onsi»)ility, is not sufficient to guarantee the payment ot half that sum ; and 
" asl am iiol looking at tiie result of your business, as you call it, lor mv payment, 
" 1 insist upon having the money long due to me for services already performed, paid 
" or secured in a sufheient manner. Were you unable to do cither, I should not perhaps 
'* expect or wish it, but in proportion as you oppose giving mc what I have a right to, 
*' so in proportion shall I insist on it, sm you can have no honourable or just reason for 
" witliholdmg it. If you will pay me down £50, so na to lesson the burthen upon the 
'' land, I will accept it, and let the remainder stand as it does. I return the cognovit 
" for your signature, and patiently wait the return of the jiost. Mr. Jarvis I fancy 
" will hand vou this, who will give you a receipt for any money you may pay him. 
*' You may be certain I shall not retract one farthing. 

" Your obedient servant, 

(Signed,) " H. J. BOULTON." 



Four thousand pounds were awarded to the proprietors o';' the Bridgewater Mills, 
by the Government Commissioners, who would not undertake f o say whether Randall or 
Clark and Street were entitled to the money. After much delay the money was ordered 
to be paid over to the latter, on giving security in the event cf a legal decision to the 
contrary to refund to Randall. 

With the freeholders of the district of Niagara, Randall had ever been a favourite, 
for he had been their early benefactor. In 1820, they sent him to the Legislature, 
where his votes displeased Mr. [now Chief Jvstice] Robmson, and in 1821 his invaluable 
clergy reserve. No. 39, Ncpean, now part of Bytown, was taken from him, Messrs. 
Howard and Robinson allegino; or reporting that he owed j£ll of rent : there were 
others owing more than jGII of rent, who were not thus treated ; and that reserve is 
now worth ten thousand pounds.* 

To his utter astonishment, Randall was also accidentally informed, while sitting in 
Assembly, in the winter of 1821, by the Hon. Wm. Morris, then also a Member of 
Assembly, that his (Randall's) most valuaole unencumbered estate. Lot 40, now in 
Bytown, between 200 and 300 acres, then called the Richmond Landing, had been sold 
under an execution at the suit of his lawyer, H. J. Boulton, with whom he had had no 
lawsuit whatever, so far as he knew. Mr. Stuart, the Sheriff who sold ; Mr. L. P. 
Sherwood, the Judge who bought (with Captain LeBretonf ) ; and Mr. H. J. Boulton, 
at whose suit this iniquitous sale was maae, were all of Aem brothers-in-law. The 
Sheriff pjiased by the mortgaged lot.:): There was no Gazette or other newspaper notice 
or printed handbill. Hon. Wm. Morris, who desired to have the case tried over again, 
by the Court of King's Bench, and voted that it should be tried again by a special 
equity jurisdiction, and Mr. Fapineau to be the Chancellor, gave evidence before a 
Special Committee of the Upper Canada Legislature, in 1828, that in his opinion, even 
the Messrs. Wright, of Hull, immediately opposite Bytown, knew nothing of the sale ; 
and also that the people within five miles from Point Nepean, were entirely ignorant 
of it ; and that had the 276 acres been his, he would not have allowed any one to select 
one acre for £500 or less. 

Randall, when he went into Parliament, swore, and fyled his oath, that he was the 
true owner of the Niagara Falls Estate, of 1200 acres, in Wainfleet, near to it, and of 
lot 40 in Bytown, which had thus been sold ; and that he had a qualification to be a 
Member, out of these lands, and, for so doing, the Executive Council ordered him to be 
tried for perjury. 

• See documentt, — letter J. 

f John LeBreton, formerly Captain in the 60th Rifle Brigade, and Deputy Assistant Quarter-Master- 
General, during the late war with the United States, died at Toronto, February 24, 1848, aged 11 years. — ^Hon. 
L, P. Sherwood died more recently, in Toronto, at an advanced age. 

X See dooumuta,— letter 0. 



mr 



PBTITIOR — UACKEMZII, TOR RAXOALL'S DSTIgllS. 



^; -J- — ■ 



Boulton, aa a party concerned, and Robinson, as Counsel for Clark and Street, kept 
back. Hon. Chiel Justice Macauluy prosecuted for the Crown ; Sir William Campbell 
presided, ut Niagara; and abl^, and without fee or reward, did Messrs. John Uolph, 
and Doctor and llobert Bjildwni,* defend the immigrant victim of Colonial oppression. 
Randall summoned Col. Clark, f who testified that he had visited Randall in his dungeon, 
in Montreal, from time to time, to try to get him to make over to him his claim uiwn 
Ujc Fulls estate, now posrcssed by Mr. Street. The instant verdict of acquittal was 
received with acclamation, as a triumph of justice by the jieople, and from that hour 
till bis death, in 1884, Randall wal the favourite representative of Welland, Lincoln 
and Ilaldimand. He was the ]>cople's agent, at London, where he defeated the aUen 
bill. He was a Government Commissioner and Director of the Welland Canal, and he 
died in the hope that the day would come when even-handed justice would be dispensed 
in Canada. The oath he took was in these words. 

" I, Robert Randall, of the Township of Stamford, do swear, that I, truly and bona 
'■^ fide, have such a freehold estate, situated in the following places; the place known 
" by the Bridge water Works, in the waters of the Niagara River, between the mouth of the 
*' River Welland and the gr^-at falls in the Township of Stamford, district of Niagara; 
'' four frame dwelliug houses, under two stories, with not more than two fire places ; 
" twelve hundred acres of land, being the north part of the lots Nos. 15,16, 17, 18, 19, 
" and 20, on the South side of the river Welland, in the township of Wainfleet, district 
" of Niagara; compensation allowance for the destruction of the Bridgcwater Works, 
*' in the late war with the United States of America, detained in the hands of this Govem- 
" ment by my order, four thousand pounds ; seven hundred and twenty six acres of land, 
" Lots Nos. 88, 39 and 40, in the nrst Concession from the Grand or Ottawa river, and 
" the broken fronts of said Lots, in the Township of Nenean, County of Carlcton, dis- 
" trict of Bathurst ; four hundred and fifly acres of land, broken Lots, Nos. 10 and 11 
" in the First Concession; lot No. 11., ana the easternmost or front three-fourths of Lot 
" No. 10, in the second Concession, upon the river Rideau, Township of Nepean, County 
" of Carleton, district of Bathurst ; 400 acres of land. Lots No. 11 and 12, in the eighth 
" Concession of the Township of MatiU'a, in the County of Dundas, Eastern distnct ; 
" four hmidred acres of land, Lots No. 10 and 11 in the sixth Concession of the Township 
" of Yonge, County of Leeds, district of Johnstown, over and above all incumbrances that 
" may affect the same, and am otherwise qualified, according to the provisions of the 
" law, to be elected and returned Member, in the Commons' House of Assembly, accord- 
** ing to the tenor and true meaning of the Act of Parliament in that behalf; and that 
" I nave not obtained the same fraudulently, for the purpose of enabUng me to be 
" returned Member to the Commons' House of Assembly : So help me God. 

(Signed,) "ROBERT RANDALL." 

" Sworn before me, at Stamford, in the Coimty of Lincoln, in the district of Niagara, 
this 26th day of July, 1824." 

« RICHARD LEONARD, Returning Officer," 
"District of Niagara." 



The Special Committee appointed by the LepsIativeAsspmbly of Upper Canada, 
in 1828, to enquire into Mr. Randall's complainta, was composed of B. C. Beardsley, Esq., 
senior Member of the Law Society, Hon. John Rolph, now Crown Lands Commissioner, 
Hon. John B. Robinson, Chief tTustice, Hon. M. S. Bidwell, Barrister, and Capt. 
John Matthews, Boyri Artillery. Their Report, taken from the journals of that year, 
was as follows : 



* Sm doouin«nt«, — ^letter H. 
f See dooumenta— -letter E. 



^#. 



W^'TWfWt^lif^ 



PBTITIOV—- MACKENZIE, FOR RANDALL'S DEVI8EB8. 



•' The Committee to wliom wa« referred the Petition «)f Robert Randall, Esquire, 
" with power to Bend for perHons and nnperH, and re jwrt thereon, have entpiircd into the 
" same, and reHjjeetiuUy Hubmit the following Report : 

" It is adnutted that the demand of Mr. Boulton against Mr, Randall was for pro- 
" feomonal Hervices, rendered by himself and the Honorable D'Arcy Uonlton, late a 
" Judge of the King'H Rench. The j)rincipal elmrgcs arc ^50 for businewj alleged to 
*' be clone by the Honorable D'Arey Roulton, before his elevation to the Bench, and £50 
•' to Henry J. Boulton, being j)riiicipally a charge of five guineas a day, for eight daya 
*' in attending an arbitration at Niagara, in the Niagara District, for the Petitioner, in a 
*' suit, Robert Randall vs. Elijah Phelps, in the Court of King's Bench, in which five 
" giuncas had been previously paid as a retaitiing f^c, and not included in the account 
*' for which the bond was given. In security for the payn'jit of the said sum of one 
" hundred pounds, the Petitioner gavo a mortgage to ?.ir. Poulton of Lot No. 11, in the 
" first ConccHsion on the Ridean, in the Township of Ncpeap and which mortgage is 
" recited in the condition of the bond upon which the action was brought. The cause 
" R. Randall vs. Elijah PheIj)S, came on for trial at the Niagara Assizes, in the year 1818, 
" where Mr. Justice Boulton presided, and Mr. Henry J. Boulton, attended, as Counsel 
" for the Petitioner, the Plaintiff in the cause. On the day upon which the trial was 
" to take place, and a short time before it was called on, the Petitioner, at the retmest 
" of Mr. Boulton, gave him his note for twenty-five pounds, payable the first of May 
" following, as a Counsel fee for the expected trial. Tnc Petitioner proceeded to collect 
•' his witnesses, and Mr. Boulton callcu on the cause, when the Judge refused to try it 
" on the ground of his having formerly acted as Attorney in it for the Plaintiff. The 
" case waa therefore not tried. Upon this note, us well as upon the bond, Mr. Boulton 
" recovered the judgment, against which the Petitioner complains. 

" At the subsequent trial, Mr. Boulton did not attend, and it appears that taking 
" offence at the want of confidence which he inferred fi-om a letter writ en to him by 
*' the Petitioner, he did not feel himself bound, without a further request, and a further 
" fee, to continue his professional aid in the .luit. This ■will be seen from the copies of 
" Mr. Boulton's letters annexed, one dated 24th May, 1819, and the other 8th July, 
" 1819. The Petitioner complains, in the first place, that Mr. Boulton, at the time he 
" took the note for twenty-five pounds, knew the cause would not be tried. This 
" is denied before Your Committee by Mr. Bc'ilton. The Attorney General,* 
" states in his evidence that he expected th'j refisal of the Judge to try the 
" cause, though unapprised of it. He also states that he has an indistinct recollection 
" that the Judge, about the time of arranf^ing tht Circuits, expressed his reluctance to 
" try the cause. The House can judge ho.«r far it would have been judicially correct 
*' for Mr. Justice Boulton to try the cause, in which he had been Attorney and Counsel ; 
" and therefore how far there was areasona1)le presumption for Mr. Boulton, that the 
" cause would not be tried, under such circumstances ; and how far the note for twenty- 
" five pounds should have been retained after the immediate failure of the considera- 
" tion for which it was given. 

" Mr. Boulton prosecuted Mr. Randall for the recovery of the one hundred and 
" twenty-five pounds, upon the bond and note, and the following is an abstract of the 
*' proceedings in the suit : — 



" In the King's Bench. 

" Henry John Boulton, Plaintiff, 

vs. 
" Robert Randdl, Defendant, 



} 



" This action was commenced by a writ of summons in a plea of debt, issued fWjm 
" the Crown Office, at York, in the Home District, on the thirty-first day of May, 1819, 



* Kov Mr. Chief Justice Bobinaoa 



PniTION — VACKINZIE, FOR RANDALl'S DBVI8KE8. 



9 



returi 

year 

Office 



i«l)l»' tlif fifbl y\ay <)!* Trinity Term, 1810, beiiitf the fifth day of July of that 
This siiiniiiDim, witli the deelarntioii ami' xetl, waw fyled in the said Crown 
the ihirleciilh day of .Inly, iHli), wim an affidavit made by Samuel P. 
" Jarvls, Itehire Tliomas Diekciou, on the 24th day of June, 181!), Ktatiiig ttiat ihe Hunu- 
•* was berved on the Deft-ndaiit by the Deponent, on the twonty-Hecond of June, of the 
" same year. On the said 13th (hiy of July, 1819, an a^ipearance for said Defendant 
•• in Hiid cause, was entered in the said office hy said Plaintiff", and on the same day an 
'• affidavit made on the 13th day of July, 1819, before John Small, Clerk of the Crown, 
" by the pre.'imt Honorable James B. Macaulay,* then a student at law with the saiil 
*' Henry John Bonlton, stating that the place of residence of the Defcndaut in the 
" Uoiue District was unknown to the Deponent, and also a demand of plea, were fyled in 
" the Crown Office. On the 13th day of July, 1819, interlocutory judgment was signed, 
•* and final judgment entered for two hundred and twenty-five pounds debt, and five 
•* pounds three shillings and eight pence, damages and costs, amoiniting altogether to 
" the sum of two hundred and thirty pounds. On the 5th of October, 1819, a writ of 
'* fieri facias, against the goods and chattels of the Defendant, was issued ujwn a pra- 
** cipe fyled by the Plaintiff', directed to the Sheriff" of the Home District, returnable on 
•• the first day of Michaelmas Term following, being the first day of November, 1819, 
** This execution, with a return of nuUn bona, by the Sheriff' of the Home District, wa« 
•• Arled in the said Crown Office on the return day, and on the same day a writ of fieri 
"facias against the Defendant's lands and tenements was issued, (upon apracipe fyled 
" by the Plaintiff,) directed to the Sheriffof the Johnstown District, and returnable the 
" last day of Michachnas Term, 1820, which writ was fyled in the said ofli^j on the 
•* seventeenth day of March, 1825, with the following return by the Sheriff of the Johns 
*' town District : — 

*' * By virtue of this writ to me directed, I have caused to be made by the public 
•• ' sale of the lands and tenements of the within named Defendant, Robert luindall, (that 
" * is to say,) Lot No. Forty in the first Concession of Nepean, in the Johnstown District, 
" ' together with its broken front, in front thereof, on tne Ottawa or Grand River, the 
*• ' debt and damages within mentioned, which I have ready before the Lord the King, 
" ' to be rendered to the said Henry John Boulton, for his dcbtaad damages aforesaid, 
" ' as within I am commanded. 

(Signed,) " ' JOHN STUART, 

" * Sheriff" of District of Johnstown.' " 



•ft 



«( 
t( 
i( 

«« 

«« 

a 

(4 

i« 

it 

u 



" That on the 7th day of November, 1821, A motion waa made to the Court, to set 
aside the judgment and execution upou an affidavit of tlie Defendant, upon which a 
rule was granted to show cause ; and upon cause shewn, the rule was discharged by 
the Court. 

** And that on the twenty-third day of January, 1824, a similar application Wk.s 
made to the Court, upon an affidavit of tlie Defendant; and upon cause shewn 
and an affidavit fyled by Plaintiff', on the 30th April, 1824, the rule was discharged.! 

" On the twenty-fourth day of June, 1824, a writ of error coram nobis, under the 
great Seal of the Province, was granted ; error was assigned by the Defendant in this 
case on the 18th day of December, 1824, and the PlaintiflF in this case pleaded thereto 
on the 25th day of January, 1825.^ 

" The foregoing is a correct schedule of the proceedings in this cause, no other 
proceedings in the case have been filed o ' entered in the Crown Office. There does 
not appear to have been any assessment of damages by the Court, or a Jury, or 

* Now Chief Justioe of (Jie oommon plMu, U. 0. 

tSee documentB, — letter 0. 
See document!,— letter D. 



# 



10 



PETITION — MACKENZIE, FOR BANDALL's DE^^6EES. 



i; t 






** "tiy order of the Court or fiat of a Judge thereof, for judgment or fJ.)r any execution. 
" In obtaining this jn<lgment, Your Connnittcc notice tlie following viohitions of the 
" then existing luv. T>y the tenth Section of the Act of the 84th of (reo. Brd, regu- 
*' iafing the practice of tlie Court of King's Eench, and under which Act the process 
" in tlie said cau<?e was issued, it is expressly enected, ' Thnl in all orlion.i or s-uitu where 
" ' fhf Dffouhrit or I)rfeuda:i(s reside idfrmt ihe limifs of the. Home Di-sfrid, or 
•' ' District where ihe Court sholl he hohkn, eight daya d(dl he allowed nftir such 
" ' demand of plea, as the ordinary time within xvhirh they shall he required to fyle 
'* * their plea, &c.' hut hotwithstanding the said Act, tlie sdiil Henry John iJoulton, who 
" perfectly knew the residence of the Petitioner to be within the District of Niajrnra, 
" and not in the Home District, proceeded to sign not only interlocutory but final 
" nidgment within fmr days after demand of plea, and that put up or fyled in a 
" District where he well knew the Petitioner did not reside. 

" This ])rcjudicial violation of the rules prescribed by tlie Statutes of the Province, 
" made fur the protection of Defendants, is attempted to be justified by a prevailing 
" practice under the following rule of Court : 

" Sfutl, 0. J. 1 " It is ordered, that from and after the first day of Hilary Tenn 

" Powell, J. y next, in all cases wlurc the Defendant has not appeared in per- 

" OuiPpbeU, J. J son or by his Attorney, judt^nicnt by default shall not be signed, 

" MiJiffihnas, ]^ without an affidavit being first made and filed of a demand of 

" 54th Geo. III. j plea having been served upon the Defendant, or by being left at 

" his usual ])lace of abode, if the same be in the District where the action is l.Tou'^ht, and 

" if the Defendant's place ofubodebcnot in such District, that then tlie demand of plea 

" shall be entered in the office, accompanied with an affidavit, stating that the Defend- 

'* ant's place of abode within such District, is not kuovn to the Deponent, and that 

" judgnient by default in such cases, shall not be signed till four days after such sen'ice 

*^ or entry respectively." 

" This rule if so construed, as to warrant the practice contended for, carries injus- 
" tice upon the face of it ; if a Defendant lives ii: *lie Town of York,** within the 
" precincts of the Home District, the demand of plea must be served upon him, or 
" lefl at his usual jilace of abode ; but if he lives in remoter settleinciits in the very 
" Eastern and Wcitern extremities of the Province, the eight days given by the Statute 
" are arbitrarily reduced to four, and the«iotice, instead of being lefl at his abode, is 
" fyled in an office to which from his remoteness, he cannot have access, and of the pro- 
•' cecdings in which, firom the inevitable difficulties of communication, he cannot be 
" reasonably apprized. 

" The affidavit required by this rule of Court to consummate its object, is also of a 
" most extraordinary nature. ' 7/" the Defendant's place of abode BE NOT IN sucn DISTRICT, 
" * then the demand of plea shall he entered in the offici accompanied with an affidavit stating 
" ' (hat the D'frndanCs place of ahide, WITHIN SUCH DISTRICT, is not knowm to the Depo 
« * nent: '* 

" In the cause now the subject of complaint, the summons was served upon the 
" Petitioner in the Niagara District, where no had resided for a number of years, and 
" Mr. Boulton admits that ihe place of hisf abode was known to him, and to the Clerk, 
** under whose oath he was enabled to sign his judgment. It is implied that the Depo- 
" nent believes the place of abode to be in the Home District, but not known to him." 
" It would re()uire strong languago to give a suitable reprobationKif anileof Court 
" which is equally subversive of the rules of good conscience and statutory law. 

" The Committee desire to remark, that from the evidence, it appears that Mr. 
" Boulton acted upon the rule in many other cases in which he had no personal inter- 
" est, and the profession generally did the same. 

* Now Toronto. 
I Robert Randall's. 



iHS^-. 



PETITION — UACEBNZIE, rOR RAKDALI.*3 DETISEBS. 



u 



vTp 



" The jmlginent appears to have been in several other respects obtained coiitrary 
" to the [)rHctice required by the Court, which practice had it been followed orenforcedi, 
*' would have iiftordcd some protection againat undue advantages and surprise. The 
" following ruloB was not obbcrvcd: — > 



EJu. 



" Rule 8. It is ordered that in future the note or bond is to 
be produced for the inspection of the Judges when a motion 



!Hhij, C. J. ") 

''Powell,.!. \ 

" Akock, J. j is made to refer them to the master." 

" ^Michaelmas, \ 

" 48th Geo. III. \ 

" The Court require the note and bond to be produced for the inspection of the 
" Judges, a rule which it is presumed was intended to prevent fi-aud and maintain 
" unsiilllcd the character of public justice. And when Your Committee consider the 
" irro;,ail}iritics disclosed in these proceedings, and an attempt to justify them by their 
" ftxMiucucy, tliey cannot but feel that the rule was as necessary as it was well intended. 

" The following rule of Court was also obviously Intended to prevent undue advan- 
" tages and surprise, by the violation of which rule Mr. Bonlton had an execution 
" against the Petitioner s lands and tenements before he could by a legal and regular 
"' course have obtained a rule absolute to sanction his proceedings. 

"Hilanj,il ) ii'roff, 0. J. ) " RULK 21. It is ordered that in future in all cases 
" Geo. in. ^ Thorp, J. \ by judgment by default (m bonds conditioned for the 
" payment of money, a rule nisi to refer the bond to the master for taxation shall 
" not be necessary ; but in lieu thereof a notice of motion for the peremptory rule 
" shall be given in writing to the Defendant or his Attorney, at least thirty-one days 
" before Hilary and Easter Terms, and twenty-one days before Trinity and Michaelmas 
'* Terms, respectively, whi(;h rule shall accordingly be made absolute in llie first ins- 
" tance, on an affida^nt having been made of the service of such notice." 

" The execution was also obtained with the same irregularity, and in defiance of 
'' the known rules of Court, as appears fi-om the following rule. 

Elint/eij, 0. J. 'i *' Rule 10. It is ordered that from and after the 
Poivfll, J. > end of this Term, the Clerk give no writ of exe- 

Alcock, J. ) etition on a judgment by default, on any bond, 

" without an order of Court, in Term time, or the fiat of a Judge in vacation." 

" Mr, Boulton, ho^vcve^, dispensed with any order of Court in Terra time, or 
" fiat of Judge in vacation. 

" The bond upon which the action was in part founded, w-as a mortgage bond, a 
" copy of which is aimcxed. It appears on the face to be collateral security, and how 
" far, therefore, Mr. Boulton was boimd to suggest breaches according to the Statute, 
" Your Commi'tce have not enquired. 

" It appears that several applications have been made to the Court of King's Bench 
** for relief, without avail. The refusal of the Court to interfere, was not on the ground 
" that the a[)plication had no merits, but (m the principle that the objection came too 
'* late. Your Committee, however, tliink it right to observe, that firom the course pur- 
" sued by Mr. Boulton, the Petitioner was deprived of those notices to which he was 
" entitled by the written law of the land, and the rules of the Court. 

*' Irregularities may be waived after notice of them by delay, or by taking a step 
*' in the defence ; but it would be productive of incalculable injustice if all notices could 
** be suppressed, and a suit be clandestinely carried through all its stages at the sacrifice 
" of all law : and the ruined Defendant should be precluded from relief, while the 
" Plaintiff sheltered himself under his own wrong. If this can be law, Y'our Committee 
" would recommend a Legislative provision against it, for no Defendant should be 
" deemed guilty of irremedial neglect when the Plaintiff keeps him in tho dark by his 
" own wrong. 



" Easter, 40 

" Geo. m. 



12 



PETITION — MACKENZIE, FOR BANDALL's DE\7SEES. 



^1 



, 



" Mr. Boiilton has received his principal and interest upon the bond and note. The 
" fee of the 'and mortgaged is also in him, and there is no Court of'Chancery to interfere. 
" The land sold at Sheriff's sale under this judfi;inent is, undoubtedly, most valuable, and 
" it appcjirs to have been sold before the Petitioner knew there was a judgment iigainst 
" him. Part of the land sold under the judgment is owrieil by the present Hon. Mr. 
" Justice Sherwood, brother-in-law to Mr. Boulton. There is, however, no evidence to 
" shew that Mr. Boulton was concerned in the sale or the purchases. 

" Your Committee have to remark that Mr. Boulton was ecmducting a cause for 
" himself against his own client ; and when they consider the nature of the debt, the 
" great and multiplied irregularities by which the judgment and execution were 
" obtained, the great value of the property sacrificed, and the expensive and frnitlcs.s 
" endeavors of the Petitioner to obtain a reversal of the proceedings, they do not hcsi- 
" tatc to reconmiend ix'licf. Independent of the interest of one of the Judges, it appears 
" that the Court of King's Bench, if they set the proceedings aside, cculd not afford 
•' adequate relief, and thc-efore Your Committee have rejjortcd a Bill enabling the 
Honorable Mr. Justice Willis to enquire into the nsattcrs alleged in the petition, and 
to do justice beLVveen all the persons interested. The Chief Justice ^" is not in- 
cluded in the Bill, as it is pul)licly reported that he is about to visit England; 
and, under such circumstances, the object of the mtasxn-e might be defeated, and the 
ends of public justice not be answered, if he were included. Mr. Boulton complains 
of Mr. Randall for having misrepresented the value and q\iantity of the land mort- 
gaged to him; and the Conmiittee have annexed the evidence and documents adduced 
in support of the charge. 

" All which is respectfully submitted. 



(Signed,) 



" B. C. BEAPtDSLEY, 

Chairman."' 



FOR EVIDENCE SEE APPENDIX (A.) 



■f 



The Estate, in Bytown, which Capt. LeBreton endeavoured to obtain by purchase 
from Randall, and which he, and the late Judge Sherwood, obtained possession of 
through the secret movement of Boulton, when he turned upon his client, was de- 
scribed in an advertisement in the newspapers of Canada, in September, 1828, when, 
through the suspension of JMr. Justice Willis, the Executive Council, of that period, 
had been enabled to place Mr, Ilagerman on the King's Bench as a temporary Judge, 
ut Perth, and as the whole Court of King's Bench, in Randall's case, at Toronto. 
That it was of very great value, and ought not tt) have been sacrificed under a pre- 
tended law-suit and sale, to satisfy such a claim as Boultou's for £143. Capt. Le- 
Breton's advertisement is good evidence : it was in these words : 



" Town or SHERWOOD." 



' provm 



" In consequence of the decision of the Court held at Perth, on the 20th instant, 
•vingthc subscriber's indisputable title to that valuable tract of land in the Town- 




" scriber from disposing of said land. The situation is most beautiful and salubrious, 
" being on the south side of the Chaudierc Falls, with the Grand Union Bridge 
" abutting on the centre of the front, and leading through the main street. It is re- 
*' plete with mitt sites, end for commerce no situation on the River Ottawa can equal 



PETITION— MACKENZIE, FOR RANDALL S DEVISEES. 



18 



" it. The Subscriber is determined a3 much as possible, to confine his sales to per- 
" sons of respectability. 

(Signed,) JOHN LeBRETON. 

" Baltimore, Ottawa River, 26th August, 1828." 



The moment that Randall ascertained thftt Boulton had thus secretly sold his 
estate, he employed Alexander Stewart, Estjuire, Barrister, then of Niagara, now of 
Brunll'ord, to obtain a reversal of the proceedings upon proper atlidavits. Mr. Stewart's 
letter to W. L. Mackenzie, dated Brantford, 2nd August, 1852, thus details the pro- 
ceedings, so far as he (Mr. Stewart) was concerned in the suit. 

" I shall now endeavour to give you all the information that I can upon the 
" motion which I made to set aside interlocutory judgment in the case of Boulton, 
"W5. Randall: I tliink it was in Trinity Term, 1822, [it was November 7th, 1821,] 
" the Statute at that lime regulating the proceeding in the King's Bench, which 
" was by summons and declaration, both being in one. The JStatute required that 
" the Defendant should be personally served with a copy, and afterwards with a d©. 
" mand of plea. The service of the demand of plea was not re(juired to be personal, 
" but leaving the same at the Defendant's place of abode would be suthcient. Major 
" Randall was then living at Chippawa, and the Plaintifl" iiad laid his venue in the 
" Home District (Toronto.) The Court of King's Bench had made a rule that where 
" the Defendant resided "n a diU'erent district than where the venue was laid, the 
" Plaintiff might stick the demand of|plea up in the Crown Office (at Toronto) with 
•' an affidavit that the Defendant's place of residence in the Home District was un- 
*' known lo the Dei)onenf. I made objection to the Court having any such power to 
" make any rule of the hind. I contended that it was contravening the Statute ; that 
" by a common sense view of the same, it was clear that it was intended that the 
•' demand of plea should be at least left at the Defendant's place of abode. I con- 
" tended also, that the Statute giving the Court power to make rules, was only to 
" regulate the practice where the Statute had omitted to do so, but here was no such 
" omission, the Act required the Defendant to be served eight days before interlocu- 
" tory judgment could be signed ; but it was all in vain, the Court ruled themselves 
power; I took nothing by my motion. Bouhon brought debt on his mort- 
gage, and included a X25 note which he extorted out of the poor Major, and 
"as an inlorlocufory judgment in debt is a final judgment, he immediately issued 
" execution, and a more ****** proceeding never disgraced the administration of 
"justice in any Country. You only do me justice when you say I was a friend of 
" the Major ; he was the intimate friend of my father, and I shall be happy at all times 
" to give you any information that I can, and I feel satisfied that if ever the decision of 
" that day could be brought before the Courtof Appeals, that the whole would be upset."* 

Mr. Itandall next appealed to the Hon. John Rolph, and told him he had no means 
to carry liis case farther. Dr. Rolph assisted him ; brought the wrong he had suffered 
under the notice of the Court of King's Bench, but could get no redress for his client.f 

Lot No. 40, worth to-day £40,000, and soon to be worth £100,000, sold for £449. 
Boulton got his fees, and the other £300 lay with the Sheriff", and his heirs ; Randall 
would have begged his bread rather than touch a penny of it. The property was 
wantonly sacrificed. Randall had refused an offer of several thousand pounds 
for the lot years before. 

The Committee also reported the following Bill, appointing the Hon. John Wal- 

K)le Willis, then a Judge of the King's Bench, Chancellor, to afford relief to Mr. 
andall from the injustice thus done him. 

♦ See dwumeiits — letter D. 
t See ducuments — letter C. 



" the 



u 



rETrrioN — maokexzie, for Randall's devisees. 



— : :ui - ' .-S i 



BILL. 

" Whereas Roljort RiindrJl h^is, by petition, roinplainod that he has suircrcd 
" gr'.it loss mid injiislice under a judgment obtnined agiiiii^'t him in the Court of 
" Kin.'^'s Meiicli, in tliis I'roviiu^e, by Henry John noulton, Ei^cjuire, His Majesty's 
" Soiieilor General, which judgment the Petitioner alleges was obtained against the 
" rules of law and e(juily ; ;uid Avhcreas adequate relief cannot bo afforded by the said 
" Court of King's Beneli, and it is therefore expfnlient that an itiquiry should be 
" marl" into the wrongs alleged, and fight be caused to be dune, if upon due inquiry 
" under oath it shall lie made, lo appear that such great injustice has been done : Be 
" it theicforc enacjled, !)y tin; ICing';, most Excellent Majesty, &e. That it shall and 
" may be lawful for the'lloii. John Walpole WUlis, one of His Majesty's Justices of 
" the Court of King's Uonch, in and lor the Province of L'pner Canada, under and 
" by virtue of this Act, at York, in the Home District, lo inquire into the truth of the 
"statements in the said Peiitiou set forth, and for the purpose of that inquiry it shall 
■• and may be lawful for the said Hon. John Walpolf IVillis, in the presence of the 
"parties or their Altorneys, or such of them as shall, after due notice, appear, to 
"summon aud examine upon oath all v/itnefS"s deemed necessary for the attaiiunent 
" of justice 1 etweeii die ])arties, and to enable the said Hon. John Walpole IVillis to 
"inform his jud','nicnf in- making his decree or decrees as hereinafter mentioned; 
"and any j)erson convicted of wilful false swearing before the said Hon. John Wal- 
" pole inilis, under this Act, shall i>e liable to the same pimishment as is now indicted 
" l)y the laws of the Province upon persons guilty of perjury. 

" And be it &c.. That tiie af(>rosaid m:;tler slin.U be heard and determined and 
" the witnesses examined in auo|n'!i Court wherennto all His Majesty's subjects shall 
" have free ac;'e<s ; Provided always, that it shall and may be lawful for the said 
" Hon. John Walpole Willia to cominil any person for a contempt of the Court for a 
" period not exe-eding one month, and to fine such person a sum not exceeding fifty 
"pounds. 

" And be it &c.. That it shall and may be lawful for the said Hon. John Wal- 
" pole Willis^ having heard the said Petitioner, and the said Henry John Boulton, 
" and such other persons as he the said Hon. John Walpole Willis shall summon, or 
" such of them as sliall appear ai'ter due notice, to make sucli decree or decrees for 
"either the contiririation or the reversal of said judgment, and of the proceedings 
" thereupon, and of any rules of law heretofore uuide under and by virtue of the said 
"judgment, as he the said Hon. John Walpole Willis shall deem necessaiy for the 
" doing of justice between all parties interested in the matttr." 

" Aihi be ?/, ^'c, That any decree made by the said Hon. John Walpole Willis, 
" under and by virtue of this Act, shall be obligatory and binding upon the person 
" against whoin or in whose favour the same shall be made ; and if any person 
" against whom or in wliose favour any decree shall be made, shall neglect or refuse 
"to comply therewith, it shall and may be lawful for any person interested in such 
" decree to have the same registered, which decree, so registered, shall have the 
" same virtue and effect as if the said decree had been literally obeyed. 

" And be il, S,'C., That every decree made by the said Hon. John Walpole 
" Willis, shall hn under his hand and seal, attested by two witnesses, and made 
" on or before the first day of January, one thousand eight hundred and twenty-nine. 

" And be if, S,'C., That upon the production of any decree aforesaid, and a copy 
" there( f, to the Register of any County or Riding in thi? Province, in whose County 
"or Kiding'he land in the said decree mentioned shall lie, and upon an affidavit 
" made before such Register, or his Deputy, or any Commissioner of the King's 
*' Bench for taking affidavits, of the due execu'ion of the said decree or decrees before 
" such Register, it shall and may be lawful for him to register the said decree in his 



PETITION — MACKENZIE, FOR RANDAU/S DEVISEES. 



15 



" ofFicp, ami to fyle t)ie copy thereof, and for such registry and fylingto demand and 
" receive the sum of (ine pound. 

" And be it, t^-f.. That it shall and may be lawful for ihe .--.lid lion. John Wulpole 
" inZ/js to award agiin^^t ejllier of the parlies, such cos!,; iuid churgfs as he shall 
" deem right and just; for the recovery of wliiih costs and charges, so awarded, it 
'* sliall and may be lawful for t!ie parly interested to proceed by action of deijt in 
" any Court of record in this Province." 



The above IJill passed the Legislative Ass'.Mubly, 1)ut the Legislative Council, 
as then constituted, refused either to amend or pass it — tlii-y lluew it out. 

In the next Legislature, Hon. Doctor Baldwin and William L. Mackenzie 
introduced tlu; following Bill, appointing the Hon. Louis Joseph I'apiiieau, (then 
Speaker of the Lower Canada Assembly,) Chancellor, to allord relief to Mr. Randall. 
(Judge Willis had gone to Europe.) 

BILL. 

" Whereas Robert Randall has, by petition complained, that he has snlfcred 
"great loss and injustice under a judgment obtained agaiost him in the Court of 
" King's Bench, in this Province, by Henry .'ohn Boulton, Esquire, His IMajesty's 
" then Solicitor General, which judcrment, the Petitioneralleges, wasobtained against 
"the rules of hiw and efpiiiy; .^ wherea.s adequate relief cannot be afforded by 
" the said Court of King's Bench, it is therefore expedient, that an inquiry should be 
" made into the wrongs alleged, and right be caused to be done^ if, upon due inquiry 
'■'■ under oath, it shall be made to appear that such great injustice has been done ; 
"' Be it therefore, ^c, That it shall and may be lawful for the Honorable Louis 
" Joseph Papincnii, Sjieaker of the House of Assembly of Lower Canada, under and 
"by virtue of this Act, at York, in the Home District, to inquire into the truth of 
" the statements in the said petition set forth ; and for the purpose of that inquiry, it 
" shall and may be lawful for the said Louis Joseph Papineau, in the presence of 
" the parties or their Attorneys, or sucli of them as shall, after due notice, appear, to 
" summon and examine, upon oath, all witnesses deemed necessary for the attain- 
'' ment of justice between the parties, and to enable the said Louis Josejih Papineau 
" to inform his judgment in making his decree or decrees, as hereinafter mentioned ; 
"and any person convicted of wilful false swearing before the said Louis Joseph 
" Papineau, under tliis Act, shall be liable to the same punishment as is now in- 
" flicted by the laws of this Province upon persons guilty of perjury. 

" And be it, S/-c., That the aforesaid matter shall be heard and determined, and 
" the witnesses examined, in an open Court whereunto all His Majesty's subjects 
" shall have free access : Provided always, that it shall and may be lawful for the said 
" Louis Joseph Papineau to commit any person for a contempt of the Court, for a 
" period not exceeding one month, and to fine such person a sum not exceeding 
" fifty pounds. 

" And be it, Sfc, Tl'^t it shall and may be lawful for the said Louis Joseph 
" Papineau, having hearu the said Petitioner, and the said Henry John Boulton, and 
" such other persons as he the said Louis Joseph Papineau shall summon, or such 
" of them as shall appear Eifter due notice, to make such decree or decrees, for either 
** the confirmation, or the reversal of the said judgment and of the proceedings had 
" thereupon, and of any sales of land heretofore made, under and by virtue of the 
•' said judgment, as he the said Louis Joseph Papineau shall deem necessary for 
" the doing of justice between all parties interested in the matter. 



::■:• -M .^ _:.-'fS^-:- • :- '.'.-xi'i 



■.A- 



16 



PETITION — MACKENZIE, FOR RA.NDALL'S DEVISEES. 



" And be it, ifc, That any decrue made by tlie said Louis Joseph Papineau, 
" under and by virtue of this Act, shall be obligatory and binding upon the person 
•' against wliorn, or in whose favor, the same shall be made ; and if any person against 
"whom, and in whose favor, any decree shall be made, shall neglect or refuse to 
"comply therewith, it shall and maybe lawfid for any peison interested in such de- 
" cree to have the samy reyislercd, which decree, go njgislered, shall have the same 
" virtue and efl'ect as if the said decree had been literally obeyed. 

" And be it, <^c.. That every decree made by the said Louis Joseph Papineau, 
" shall be under his hand and seal, attested by two witnesses, and made on or before 
" the first day of September, in the year one thousand eight hundred and thirty-one. 

" And be it, S^c, That upon the production of any decree aforesaid, and a copy 
" thereof, to the Register of any County or Riding in this Province, in whose County 
"or Riding the land in the said decree mentioned shall be, and upon an affidavit 
"made before such Register, or his deputy, or any Commissioner of thi King's 
" Bench for taking affidavits, of the due execution of the said decree or decrees bo 
" fore such Register, it shall and may be lawful for him to register the said decree 
" in his office, and to fyle the copy thereof, and for such registry and fylingto demand 
" and receive the sum of one pound. 

" And be it, S/-C., That it shall and may be lawful for the said Louia Joseph 
" Papineau to award against either of the parties such costs and charges as he shall 
" deem right and just, and for the recovery of which costs and charges so awarded, 
" it shall and may be lawful for the party interested to proceed by action of debt in 
" any Court of record in this Province." 



t 
f, 'I 



i 



On the question of its passage in Assembly, the Yeas were, Messrs. Frangois 
Baby, Doctor Baldwin, Blacklock, Brouse, Bucll, Cawthra, Dalton, Dickson (of 
Niagara,) FrapcrjGeorge Hamilton, Ilenderson, Hopkins, Horiior, Ketchum, LefTerty, 
Longley, Lyons, McCall, Mackenzie, Malcolm, William Morris, Perry, Radenhurst, 
John Rolph, Shaver, Smith of Durham, Terry, Thomson, Wilkinson, James Wilson, 
and Woodruff, — 31. The Nays were only two, Messrs. Bethune and John Willson. 

The Legislative Council, as then constituted, refused either to amend or pass 
the Bill — they 'hrew it out, assigning no reasons. In 1834, Mr. Randall died. In 
1835, W. L. Mackenzie gave notice, in the Upper Canada Gazette, of an application 
for a third Bill for the relief of Randall's devisees ; the Legisladve Assembly appointed 
Messrs. Thorburn, Macmicking, and Waters, of Ottawa, a Select Committee on Mao 
kenzie's petition, and Mr. Thorburn introduced a (third) Bill, unanimously agreed to 
by the Committee, for relief of said devisees, (March 6, 1835,) but the Gazette notice 
was deemed defective. In the Session of 1836, after ample notice to all whose inc 
tercsts might be affected, a special Committee was appointed by a third Upper Canada 
Legislative Assembly, consisting of David Thorburn, Esquire, (now Indian Agent, 
Grand River,) Chairman, Mr. Small, County Judge, Middlesex, late Mr. Macmick- 
ing, late Mr. James Wilson of Prince Edward, and Mr. Gibson of South York, who 
unanimously reported as follows, (and their Report, and the Report of the Special 
Committee of 1828, with the evidence taken on both occasions, are embraced in No. 
76 of Sessions papers appended to the Upper Canada Journals of Assembly in 1836 ) 



Wi 



PSTITIOK — MACKEMZIF, FOR RAKOALL's DBVISBBS. 



17 



No. 76. 
FIRST REPORT: 



From the Select Committee to which was refen-ed the petition of William L. Mackenzie, 
Escjiiirc, acting Executor to the estate of the late Robert llandall, of Chippawa, in 
the Coiiiil y of Lincoln, Escpiirc, or so much of the said petition as relates to tlie 
Nepean ami Chaudiere Estate, County of Carleton. 



MEMBERS OF COMMitTEB : 

DAVID TIIORBURN, Esquire, Chairman. 



Mr. 
Mr. 



Macmickino, 

Small, 



Mr. James Wilson, and 
Mr. Gibson. 



" To the Honorable IJic House of Asscmhh/, tj-c, cj-c, ^c. 

" The Select Committee to which was referred the petition of W. L. Mackenzie, 
Esquire, actin'ir Executor of the Estate of the late Robert Raulall, in his life time, of 
Chippawa, in the County of Lincoln, Esquire, have in(julrcd into the matters referred 
to them, so far as concernH the estate at trie Nepean and Chaudicre, and beg leave to 
submit the followlnj; as a first Rcpori : — 

" Li the year 1809, Mr. Randall obtained a grant from the Crown of one thousand 
acres of land, and a deed for 950 acres in the County of Carleton, part of which in- 
cluded water privileges of extraordinary value. His agents in obtaining this property 
were the late Honorable Mr. Justice Boulton, and his son Mr. H. J. Boulton, late 
Attorney Genera! of this Province, who thus possessed the means of acquiring a know- 
ledge of the worth of the grants. 

" The remarkable circumstances under which Mr.Randall's lands were sacrificed — 
the UTUisual hardships of his case, and the renewed efforts he made to obtain justice, 
are well known to the Country. 

" In 1828 he .ipplied, by petition, to the House of Assembly for such redress as it 
Was in the power of the House to afford, and a Special Committee was appointed, con- 
sisting of the Honorable M. S. Bidwell, now the Speaker of this House, the Honorable 
•Tohn Beverly Robinson, Chief Justice of Upper Canada, the Honorable John Rolph, 
B. C. Beardsley, Esquire, now of New Brunswick, and the late Capt. John Matthevfs. 

" An attested copy of this Petition, with the interesting Report of that Committee, 
and the evidence on which it was founded, are hereto annexed, also a copy of the Bill 
which its Chairman reported, appointing a Court of Equitable Jurisdiction to do justice 
in the case, the Honorable Justice Willis to be the Judge. The House of Assembly 
passed the Bill, but the Legislative Council, being opposed, it is presumed, to its princi- 
ple, declined to amend it — they threw it out. Mr. llandall had previously applied to 
the Court of King's Bench, but from diat institution he obtained no redress. 

" On the 14th of March, 1829, the House of Assembly addressed His Majesty on 
the state of the administration of justice. We quote two paragraphs: — 

" By the Provincial Act erecting that Court (the King's Bench) it is wisely provided 
" ' tliat a Chief Justice, together with two puisne Judges shall preside therein.^ No explan- 
" ation can add to the clearness of that provision, so obviously conducive to the safety and 
« J'Jjertyof the suhject, and it has hccome our urgent duty, humbly to declare to Your Majesty^ 
'' that our duty forbids us to yield to tlie attempts of the local administration, to entail upon us 





___ 



18 



PETITION — MACKENZIE, FOR RANDALL's DEVISEES. 



I'M 



I 



#if 



*' the danf/eroits encrodchmmits made in years of prist nusruk, hi/ estiillisJiliii/ sitrh a cmistrvc- 
" tion of that law as would place the riijhtu and lihcrllis, the propirUj and lives of the 
" people of this Province, at the disposal of one while a liberal salary is p-ovided for three 
" Judges. 

" In MirhoehuiH Term lust, Mr. Justire Hagenunu alune constituted our Court of 
" Kinffs Bench, wherein he eon firmed his own qi:estio)ied Jiidijiiiiut. At the preerding Assizes, 
" in a trial in which Mr. Justice Sherwood was interested, the result of which trial involved 
" a propirtij of very gnat ndue, acquired through those extraordinarg judicial proceed- 
" ings in the case of Mr. Randall, whose injustice has long been nnarailinglg an object of 
" Legislative relief and public sympathy. It is from such proceedings, such Courts, and such 
" Judges, that the people desire to be relieved.'^ 

" III 1832 the House of Commons of the United Kin<i;(loni addressed His Majesty, 
requesting that a eony of the above mentioned Address from Upper Canada might be 
laid before it. His Majesty sent it down, and the House ordered it to be printed and 
placed among its reeords, but Mr. Randall obtained no relief. 

" In 1830 he again petitioned the House of Assembly for redress, and a bill was 
introduced, ordered to a third reading by a vote of 33 to 2, and [)assed I)y u vote of 
thirty one to two, appointing the Honorable Louis Joseph Papincau, Speaker of the 
House of Assembly of Lower Canada, a Judge in Ecpiity, tu try the ease and do jus- 
lice, but the Legislative Council, being as before, it is presumed, oppoocd to the princi- 
1)Ic of the Bill, it wiis found on an examination of their Journals, on the motion of Mr. 
*crry, that they had ordered its further consideration to be deferred three months. 

" In 1830 Mr. Randall applied, by petition, to His Excellency Sir John Colborne, 
stating his case and exhibiting the proceedings had by Mr. IJoul.on, but his application 
was productive of no beneficial results, his petition and reply are hereto appended. 

" In 1833 he applied to the Governor in Chief on the subject, we annex hereto 
the Correspondence. 

*' In 1834, Mr. Randall died, having spent nearly seven years of his life in a P.i- 
son, and the last thirteen years of it in a series of vain and fruitless efforts, to obtain in 
Upper Canada, that tardy justice w1 ich the defective organization of our Judicial Insti- 
tutions, the personally interested situation of some of our Judges, and the character 
and composition of the Lemslativc Council, denied him. His Executors under the Will, 
the late Colonel Thomas Hornor and the present petitioner, took, it is presumed, such 
steps as they believed to be the best, on behalf of his estate, when the cholera 
carried off the former, and nothing further was done in the matter of the Chaudiere 

Sroperty until last Session, when Mr. Mackenzie applied for the interposition of the 
[ousc, which appointed a Committee, and a Bill was a third time reported in a third 
Parliament for the adjudieation of the claim according to equity. But as it had been 
omitted to give a notice in the Gazette, in the matter, which affected private rights, fur- 
ther proceedings were deferred till the present Session. 

'* After some difficulties as to the style and tenor of the notice, an advertisement 
was placed in the Upper Canada Gazette, and the matter is now brought for the fourth 
time before the Legislature by petition. 

" The correspondence between the late Mr. Justice Boulton, Mr. H. J. Boulton 
and Mr. Randall, at the time the former acted as Agents in obtaining the property 
fi-om the Crown, a letter to Lieutenant Governor Gore, from Mr. McGillivray, of the 
North West Company ; and a letter from Captain Le Breton and others, who wished to 
buy the Chaudiere property or parts of it, are reported herewith. Mr. Waters, a Mem- 
ber of the House for the District of Ottawa, was desired last summer to make inquiry 
as to the worth of the Chaudiere property, and in whose possession it was ; and your 
Committee have examined that gentleman, who is of opinion that it is vVorth about 
JG20,000, and will greatly increase in value. 



PETITION — MACKilNZlE, FOR RANDALL's DEVISEES. 



19 



" In the concluding panigruph to the Report of 1828, wc find the following pas- 
sage : — 

" Voitr CommUtet hut't', to remark that Mr. Boultun was condnelhiy a cause far himself 
" (i(/(ii)i/>t Ills mini client, and whin they consider tlie nidnre of the debt, the ijreut and mtdti- 
" plied iirei/nlnritiis by which the Jiidyment and execution were obtained — the yreut value of 
'■'■ the propirhj sacrificed ; and the expensive and fruitless endeavors of the Petitioner to 
" obtain II n rcrsal (f the proccedinys, they do not hesitate to recommend reliif. Independent 
" (f the iiittns-f of one of the Judyes, it appears that the Court of Kinfs Bench, if they set 
" the proccedinys aside, conid not afford, adeipiate relief, and tlierefore your Committee hqve 
" reported a bill enabliny the Honorable Mr. Justice Willis to inqtiire into the matter 
" alleyed in the petition, and to do justice hettoeen all the persons interested,^'' 

" Ei<>;lit years have elapsed since the bill mentioned in the above extract was re- 
ported — ihc veto of another Ijranch of the Legislature continued to withhold redress 
from the complainant, until the grave closed on his importunities. 

*' For the relief of his heirs this Committee do now report a similar bill to those 
passed in 1828 and 1830, and its Members unite in the expression of a wish that a ju- 
tlicial inquiry will no longer be deferred, but that justice will be speedily done between 
all the persons concerned. 

" DAVID THORBURN, Chairman. 

" Commiltee Room, House of Assembly, 
"30th March, 1836." 



FOR F.VIDENCE SEE ArPENDIX (D.) 



Mr. Thorbum, for the Cornmitlcc, then introduced a (fourth) bill for the relief 
of Randall's heirs, which passed through a Committee of the Whole, 28 Ayes to 10 
Noes ; and at its lliird reading unanimously. This bill was similar to the three bills 
preceding it, except that it appointed Hon. R. A. Tucker ; who had been Chief 
Jfusticc of Newfoundland, and was afterward a member of Sir George Arthur's 
Executive Council, (a gentleman of strong conservative opinions) as the Chancellor, 
to do justice in the cause. 

The Legislative Council, as then constituted, sought not to amend the bill — 
they threw it out — would give no relief, and offered no reasons for their refusal. The 
Assembly placed the Report and evidence as a record on their Journals, of which 
they occupy 31 folio pages. Next year (1837) came the political difficulties, the 
result of which exiled many Members of the Legislatures of the Canadas, and pre- 
vented this Petitioner from taking further steps in fulfilment of the trust reposed in 
him. Colonel Thomas Hornor, M. P. P. lor Oxford, the other acting Executor, 
died, of cholera, a few months after Mr. Randall's decease. 

Not till 1828, did Mr. Justice Sherwood and Capt. Le Breton, the purchasers 
of Randall's invaluable Bytown Estate, attempt the ejection of his tenants, Messrs. 
Firlh and Berry. The course of ejectment then taken is described by the House of 
Assembly, in their Address to the Crown, as being of a piece with the other judicial 
acts in Randall's case. " It is from such proceedings, such Courts, and stich Judges 
{they say), that the people desire to be relieved.''^ 

In 1828, Judges Sir W. Campbell, Willis and Sherwood, constituted the Cour^ 
of King's Bench ; Campbell got leave to go to London to seek a pension, leaving 
no casting voice in appeals in banc ; Judge Willis considered the Court incomplete, 
and Messrs. P. Robinson, Dr. Stiachan, and Macanlay, the Executive Conncil, 



20 



PETITION — MACKENZIE, FOn RANDALL'S DEVISEES. 



Buspendcd liim, and put Mr. Magerman, llio Collector of Customs at Kingston, (Mr. 
Macaulay's brother-in-law,) in his placo. Hagerman \vi)s wnt to Port!) to hold ihrs 
Fall Assizes that year, whore his brother .Tndgo (Sherwood's) ejectment trial, against 
Randall, was to come on. 

The Earl of Dalhousie, then Governor General of Canada, having been 
instructed that Sherwood and l^eBreton's title was bad, wrote as follows, on behalf 
of Randall's tenants : 

^^ I should vof, ulijcd to lease a small Lol o» the Clinjij Itisni'f adjutniag the Itichnumd 
* Lnndincj, to the Petitmnr, Berry ; hut I (tin more thou inr eonrinred that the jnirrhase of 
" Captain LeBrelon is an illeijal purchase of the Landing Lot [U'lndaW h) , and T therefore 
*' advise Berri/ to avoid removal while he ran, the more so as Goverumid has, in my opinion, 
** a strong rlaim upon it for puhlir servirr. Qneher^ Der. "{0, 1822." Again, '■'■Queher, 
** Aw/nst 8, 1828," immediately before the trial at Perth, Lord Dalhousie wrote to 
Mr. Firth, 

" That lot if Gorernment property heiny a broken front, not included in RandaWs Lot, 
^^ has been eluinied by Mr. Sherwood ; T am Mnvineed tluU he has no fair claim, nvr legal 
" right to it ; and, on the part of the Governnunl, I have maintained the Firths in their 
** possession ; and I think they ought to be maintained in it, again,;t the pretensions set tip hij 
" LeBreton and Mr. Sheinoood." " Dalhousie." 

His Lordship caused Mr. Jonas Jones to be written to, and then Judge Sher- 
wood retained Mr. Jonas Jones on his side of the question. Lord Dalhousie also 
instructed the then Attorney General, West, to aid Randall in his defence, who, not 
being able to attend, wrote him (Randall) as follows : 

" York, nth July, 1828. 

''''Sir, — An nctimt of ejerfment is brought by Mr. Sherwood against one Firth, wk) is 
" in possession of part of the Lot at Point Nepean, on the Ottawa Iliver, which you complain 
"/in* been illegally sold nnder an exerntion against you. I am defending the action, and 
^* have instructed Mr. Radenhurst of Perth, to manage the defence at the trial. If the sale 
*^tvas illegal for any cause stated by you, and more particularly for want of being fairly 
" advertised, you hare noto an opportunity to take the opinion of the Court upon it, by enabling 
" Firth to ■urge that objection against the Plaintiff's title. 

" The Assizes for Perth commence on the Ifith Augtisf, Any evidence ymi can furnish 
" on the subject, or any prof essional assistance which you may desire to engage, Mr. Radenhurst 
*' will willingly avail himself of. 

" I am, Sir, 

" Your obedient servant, 

"JOHN B. ROBINSON." 
«♦ Robert Randall, Esq." 



I*t«; 



Mr. Randall thus instructed Firth : 

" You will perceive that I have instructed Mr. Radenhurst to urge the illegality 
of the Court, as now constituted — the want of sufficient notice to purchasers, and 
on this last head you will do well to bring forward all the proof possible, particu- 
larly Mr. Wright of Hull, as it is a strong point — the injustice of the proceedings 
here — the manner of obtaining the judgment — the view taken of the subject by the 
House of Assembly, as may be seen by the bill which passed that House. Mr. 
(^Villiam) Morris, the Member for your District, though he did not agree to the 
bill, bore testimony to the irregularity of the proceedings, and said that if a bill 
had been brought in to refer the whole case to the Court of King's Bench, he 



-vs, 



. ,i-* ^''A-A-.-.V.i 



rETITION' — MACKENZIE, FOB RANDALL S DEVISEES. 



21 



lal, ugiufist 



to wrote to 



*' would (under tlit; circumHtaiiccft) have given it tlio sanclicin of liis vole. Yur mi!. 
^' jifofc in til' Coiifi fhitf one (uir, if thr jircjifffi/ Itad Ian diilij nJi n-tisul^ irmtlil hav paid 
" M)\ Biiidlim^s prfftnidtd rlfii'tii, fur ivhi'li the 27(5 itirfs ii'irr uiijin^tlij roild. * * * * 
"The Hon. .1. B. Maeauhiy, engaged for Sherwood, was the person diat swore ho 
"did not Kn<»\v my residenec in l!ie Home Di.-tiiet, allhongli lie knew I lived in the 
" Niagara District and not in the Home Distriet." 

Mr. Radenhnrst's hitter, copied from the Journals of Assembly, will show what 
degree of fairnesH was nietcd out to Mr. Randall at Perth : 

" Pekth, 23r(/ August^ 1828. 

" Robert Randall, Esq. 

" Deak Sin, — I receivi'd your several letters with the documents enclosed, 
" respecting the suit of Dae ix Di'iii Slierwood vs. Firth and Berry, for part of the 
" land formerly your property at \epean Point. Many of the pajjcrs you sent were 
"entirely useless, as the .Judge would not permit evidence to show how the judg- 
" ment in BouUon's suit was obtained. Nor could I, in addressing the jury (as yoa 
" advised) allude to that circumstance, but was entirely confined to what was put 
" in evidence by the I'laintiH, viz., the judgment, executions, and sale ; and even in 
" this I was once or twice interrupted by the o|)|K)site Counsel, Jonas Jones, and 
"censured by the Court (Hagerman) for what they considered exceeding my hounds. 

" I oV)jeotetT, as yon requested I should, to the trial proceeding at all, which the 
"Judge paid no attention to, as he considered it was casting a censure on the 
" conduct of the Court of King's Bench, which he could not listen to. The Plaintiff 
"did not produce any notice of the sale whatever, nor show that any such was 
" given previous to tho sale taking place. Upon this and some other points I moved 
" for a non-suit, and the Judge r(>servcd the points. We were also anxious to show 
" that Colonel By required the proj)erty for the Government use, for the purpose of 
"the Rideau Canal ; this evidence the Judge refused receiving. In fact he seemed 
" unwilling t'lat any point that could operate in your's or the tenants' favour should 
" go to the Jury ; and as the jury at that Assize were persons little acciuainted with 
" their duty or with Courts of Law, they implicitly followed the direction of the 
" Court, which, in this case, was for the Plaintiff, and gave a verdict accordingly. 

" I remain, 

Your obedient servant, 

"THOS. RADENHURST.'» 



Mr. Randall appealed to the Court of King's Bench, in banc, questioning the 
judgment of Mr. Hagerman at Perth, and there sat Mr. Hagerman, alone, the whole 
Court, and confirmed his own judgment below, the chief Judge being in London 
after a pension ; his coadjutor, Willis, suspended from his functions ; and the third 
Judge, Sherwood, a party in the cause. 

Anticipating that this course might be attempted, Mr. Justice Willis wrote the 
British Colonial Minister from Bath, Sept. 23, that year, as follows: " It is evident 
" that no Jmlge of the Court of King's Bench in Upper Canada can sue or he sued in fJiat 
" Court, while he is personally discharging his judicial functions, as he would he nnluicfulhj 
" Judge in his mm cause. The difficulty contemplated hy Mr. Sherwood, as arising f rani t)ie 
" Act being construed to insist upon the presence of all the three Judges, would In increased 
" rather than obviated hy a less itrict interpretation of the lato permitting the competency of 
" the Bench when composed of less than three vumbers. For example : in the action of Eject- 
"' meni brought by Mr. Justice Sherwood hitnself, for land at Broclcvilk, arising out of the 



C' 



..".•ijtxf.;. 



2*> 



PETITION— MACKKNZIE, FOR RANUAM/S DKVIfiEE.". 



*' iiotiin'oiii riiiisi- (if Ml'. S'lllrHnr JimiKiiii vs. Itc nihil; (sir the iiroft'iifiiii/s nf thf Pion'n- 
" rial J'lir/iiiiniiif In Ihin riisv ;) shmil'l Hif urtinii hair I'fvu liiril iit (lit Inst AsHr:in hij Mr, 
" Ifiii/iinnm, ninn iirl'mij us a Jnilijr nf tlir (^mirt of K'niifi Hi mli, ninl/nr iiiii/ nnsilimii/m 
" or inijirojniitif ini Ills juift ol tin lilnl nl Nisi I'rliis, ii mm trlnl l>f innriil for, n'/io is to 
^'■iliiliti.- Snrili/ Mr. '/nstiiT Sli'rn'iioil (if I' Jnili/i) nninot, lirrnnsf hi' Is n jmrti/ ; anil 
*' y>//. ll'ii/iriniiu inii/ht )iot, lirriiii<n' his mm Jllilf/iii' nt Is rillfnt In iJKi'slloii, Til Slirh ii COM 
" — II riisf jiroliitlili/ lit tills niiinii lit jiiiiillnif — Ihr rmisfrnitiini if thr Ait rontinileit for hi/ Mr. 
'^ J . ShiTH'ood iroiilil, SI) fur from olirlntini/ ilij/iinltlis, imrmsf thiiii tmfolil; and jilnre 
" hiijoiid thr possllilllli/ if doiilil thr wisdom if thr Lri/lslnlnri' in prvrlding that a Vhlrf 
" Justlrr, tiiijitlitr wllli tiro I'nlsnv. Jnslliis^ shonlil nri slili in thr sold t'onrt. Tliirr 
^^ idit'iiifs shiinid itnil iiiiisl III' lliri'r Jiidi/is jinsiut, ii i.liiif mid tirn Piilsnr Jiidijis, to art 
*^ Irifulli/ In thr Court of Klmfs Jinnh In i'lijur (Jnniidn. /f oni/ mir of thrm Iw a pnrtif in 
"tt riiiisi, till', inilii Inriinrrnlrnir ti'iinlii/ iirisliiij is, Ihiit until the ohvloin ruiirsi; ./ hiiiii; 
" nuutlomd l>r tiikm, 'hi' Court rtninot jiromd In Unit (7/«.sr." 

May it thuTrforc pirasc Your Ffonorahlc House to caiisf in(|uiry to ho nindo into 
the allogatiouHcoiitaiiit'd in this huml)l(' ap|M'al to your('(|uity and juHlice, to consider 
wlietlifT llif oppnssious rompl!iint;<l ol' r(!<iuiic your '!irc(!t intcrrcriimic, whetlior 
the,c()ursi.' puPMUod by Mr. lioulton toward tlio tic(U'a»(Ml, Itohcrt RandHll, was that uf 
a fair and ('ai\did legal adviserr, or whether it was fraudulent and deceitful — whether 
the note 1ali<'n Iroiu Randall at Niagara was for a full and fair consideration, or the 
contrary, — wlulher HoMlton deserted his client in his tiuio of need, while secretly 
and dec(!ili'ully, undercolor of law, but iu defiance of ils material orccejits, seizing a 
valuable estate und s(dliiig it, the distressed owner thereof iiol('ven knowing tluit there 
had been a lawsuit carried t)n against him by his own lawyer, and the pro|)erty being 
go very secretly sold, that not ew.n those in the immediate neighbourhoocl of it knew 
of an inlen<led sale by auction, — one brotlicr-iii-law being the buyer, another the 
Sheriii', a third the seller. Whether Mr. lloulton's services to Rundnll entitled him 
over and above the retaining fees paid him, to lake a mortgage on Randall's real 
estate, leave his lawsuit unfuiished, and hold on to the mortgage after he had des- 
poiled his client secretly of his choicest estate, the value of which he had long 
known, having, with his father, the Judge, been previously employed to gel a patent 
for itfor his client, from the Crown, — whether as " misrcpreseutation, whellier by word 
or deed constitutes fraud," lioulton's misrepresentations to the Court of King's 
Bench, before he got his judgment, did not constitute fraud, seeing that no care, 
wisdom or foresight on Randall's part, could have proved a protection from his 
attorney's machinations ? — whether, as the Statute recjuircd that a demand for Ran- 
dall to plead to Boullon's <leclaration should be left at Randall's usual place of 
abode, the leaving it at a ))lace a hundred miles distant, and where Boulton knew 
that Randall had never lived, was not such an intentional deception "whereby 
"one parly has talicn an unconscientious advantage of another as constitutes actual 
"fraud.-"' — whether "as Avithont the express provision of an Act of Parliament, all 
" deceitful practices in defrauding, or endeavouring to defraud another of his known 
'• right, by means of some artful device, contrary to the plain rules of common 
** honesty, are condemned by the common law," the Court of King's Bench was, or 
was not in error in refusing redress when Randall's Counsel, Messrs. Stewart and 
Rolph, made prompt applications for relief, it being the general policy of Courts of 
Justice " to protect the suitors, and to overhaul judgments after a considerablejapse 
of time, even when regularly obtained by a solicitor against his client for security 
for costs .'" whether, if such a course of conduct as the report of the Committee of 
the House of Assembly of Upper Canada have shewn Mr. Boulton to have pursued, 
was not checked, there would be any bounds to the crushing induence of the power 
of an Attorney who has the weighty affairs of a man, especially an embarrassed 
man, in his hands .' — whether, as it is set down as the rule in equity, by the highest 
" authorities, that if a sale of an estate " at public auctior be obtained under cir- 



PETITION— MACKrNZIE, TOR BAXI>AI.I/fl DRVIflKCS. 

% 



28 



it 

«♦ to 



" ciiin^tl.'iin'cs wliicli hIioK •■dtuhlixli clcitrl) , that llic fuir market viilui- han not 
'* Im'cii obtained, and that rtMiHoiiahIc prcc mtions und advcrtiKcnicnlH have not ht;un 
iiNcd tor this |)iir|)ose, and iliat partioH have connived in nwrh a nninner an 

Mi;du' tht* Male appear to li • a public ami free nnh*, wht^n it is in fact a mere 
" cover of a private arrangement, iheii no such inference can ariw; in tlie favour 
"of the hoiuijidea of Ihe nnclion," tht; sale of Lot No. -10, in Nepean on the Ottawa, 
was or was not frandfnl? — whether, as the Upper Canada IIouhc of Assembly, 
in IH^H, alter fidl incpiiry, in another llonwi', in I8J0, and in n third IIoubc 
in IH.'JO, passed fiilis to ren<Ier to Randall, and to his divisc -s, after his dejease, 
all the justice in tluMr ]>ower, which Mills the Legislative Council of thoHe 
dayrt would neither pass or amend, Ihe I'niled Lej^islature will, now that many 
dillieiilties are removed, aii^ree to a measure of cllieieni redress? — whether the man- 
ner in which the Chaudiere; ejeelment suit was carried lhrouf,'h, and Randall's tenants 
disposses8(!d in 182;^, this done in the namu of the C'rown and of the law, who, or 
was not adarinj^ series of acts of fraud and oppression, in defiance of coimnon law 
and justice, t-) this hour loudly demanding redress, seeing thiit iImj parties interested 
have conliimally prayed for Legislative interference, seeing that the ('rown was 
addressed l>y the Commons of (Janada VVrsi, to tli(! elleet that from the Courts and 
Judges who had thus wronged Robert Randall, the people earnestly desired to be 
delivered, that "every delay arising fiotn fraud adds to its injustice, and tiuiltinlies 
th«! oppression," and that " Iraud will viliati- any, even the most solenm transactions, 
and an asserted title to property founded upon it, is utterly void." 

May it please your IIoiioral)h! llotise to |)as-( an cnactmcnif similar to the Ran- 
dall Refief Hills of IH2S, 1H3(), 1835, and 1830, and so as to enable the late R. 
Randall's acting Executor or Executors to carry testator's intentitm, as regards the 
reeoverj' and the sale of his real estate, and tlu; ilistribution of the proceeds thereof 
among his devisees, into full ellcet, or to grant such other C(|uitable relief in the pre- 
mises as, on fnll inquiry, may ap|)ear to be just and right, under the rule " that 
" wherever conFuh'nce is n'posed, and on«,' party has it in his power, in a secret 
" manner for hin own advantage, to sacrifice those interests which he is bound to 
" protect, he will not bt; permitted to hold any si oh advantage." 

And Your Petitioner will ever pray. 

WILLIAM L. MACKENZIE, 
Acting Executor under the will of the late 
Robert Randall, Esquire. 



DOCUMENTS REFERRED TO, »N THE PETITION. 



(A) 

(Copy.) 

Governor in Chiuf the Earl of Dalhousio's Deci- 
sion on A. Hurrie's Petition for an acre of the 
Clerjjy Ruserve, Lot 39, Nepean, Ottawa 
Front. 

" I should not object to lease a small Lot on the 
" Clerj;y Roservt.' (meaning No. 39) adjoining the 
" Richmond Landino, to tlie Petitioner Berry, but 
" I am more than ever convinced that the pur- 
" chase of Captain LeBreton is an illegal purchase 
" of the Lauding Lot, [meaning Lot No. 40^ granted 
" to R. Randall,] mid tiicrcTore advino Berry to 
" avoid removal [from Lot 40] while he can— the 
" Tiioro so as Government has, in my opinion, a 
" strong claim upon it, for public service. 

(Signed,) « DALHOUSIE." 

"Quoboc, lOth Dec, 1822." 



" A True Copy. — This was the last decision 
" given by His Lordship on this case. 

" (Signed,) JOHN PARKER, 
• Capt. & D. A. Q. M. G. 
" 2nd Oct., 1823." 

(Copy.) 

Governor in Chief tlin Earl of Dalhousie, to Mrs. 

Isaac Firth, relative to the Lots 39 and 40, 

Nepean, on the Ottawa. 

"to MRS. riKTH." 

" At the desire of Mrs. Firth, ul the Richmond 
r>anding, near Bjiown, I give her this note to cer- 
tify, that, several years ago, I gave her and her 
husband, leave to establish themselves in a small 
house and Siore belonging to Government at that 
place : it wact originally placed there by the Duke 



24 



PETITION — MACKENZIE, FOR RANDALL's DEVISEES. 



h 



(jf llic'imdiiil, tn .'liil the j)ri>:>:i;:i^ of Kiiii'ir;ints, i 
Militiiry Scltlprs. Hciiiij no loii^'or usftiil it fell I 
to mill, anil in tiics<; cironinstiiiicfs iIium- persons | 
rupniri'd il, iiikI luive been pennitled to oi'uupy it. | 
I liiive bi'eii led to believo thiit it stands on the | 
linoof fi'.iveniniei.t proi)eily,aiid a Cner;,'y Reserve ' 
Kt't a.-^ide by iSir I'. iMaitlaii<l for the i^ervice of! 
Governmciit. That l-ot of (Juvi luhieiit pr(>i)i'ity, 
bein^ a liri.keii front not iaeluded in R;iiulall's . 
Lot, lias been eiainied by Mr. Sherwood. I am { 
uonvinei' ! that he has no fairelaiin, nor le:xal riu'ht 
to il ; and on the part of (Jover'Miient I have mam- ! 
tained tl .• firths in Iheir ixj.ssession, and I tiiink i 
tliuy onLMcl to be maintained in it a^'ainsl the pri 
teiitions set up by I^-Urotoii and Mr. Siieiwood. 

"DALllOrSlE. 
" QuL'bee, 8tli An^'uyt, 1828." 



(B) 

HON. CtOIKiK S. iiOLM.rON TO .'MAJOIl UANIMLL. 
))|1()(;KVII.I.K, 'itk IStJJl., ISKJ. 

Dear Sir, — Vo'ir letter eanie to liaiid a day or! 
two ai^o, jiiil liiv f.iliier finds it totally iiniios.-ibli.' 
to attend the A-sizes in the District of Niau'ar.i. ! 
In coiise()iieiiee, Mr. .iarvis has been written to on ' 
tlii.s .subject, and 1 iuivu no iloubt he will pay dui.' 
(il'.eii'.ioii 1(1 il In the mea.i lime see J^.Jr. Came-, 
roil anil ^'et him to prepaie a brief lor j\1r. Jarvis. | 
When Mr. .(arvis arrives yon liud bi-lter seu him! 
and Ltive him tv o irtiineas as a retainer '• 

The business (it yon think pr<)[)er) Mr. Jarvis ' 
will try and piil olf unlil next year, wuen my 
father will attend. If thai cannot be done, Mr. 
Jarvis, I am sure, will exert himself for you. In 
haste. I 

Yours tnily, j 

(i. S. 150ULT0N. 



lidlii'rl Bdiidall vs. Elijah Phdps. 

The arbitrators in this eause refnsi^ to jro into 
the consideration of the subject in dispute betw-ieii 
the above iiartie.-i upon tlie folloviinr trrounds: 
That Mr. lieaisdley, tile Counsel for the Defendant, 
recpiins the eviilcn, j of a supposed eoiitraet be- 
tween his client and the Plaintitf, for the convey- 
ance oi' the j)reinises mentioned in the pl(;adin<;s 
of this cause, to i\lr. McCiilloeh, which Mr. Ikiul- 
ton. Counsel fur .Mr. liandall, objects to, and be- 
cause tl.i-y cannot ajipoint an umpire who is un- 
objectionable to either party. 

H. J. BOULTO\, 

3lBt Dec, 1816. 

"(C) 

PROCKKDINOS IN THE COmT OF Kl.Vc's BENCH. 

{From CampbdPif Manuscript RcjMrli^,) 

Kaster Teu.m, 5th Geo. IV., 
April, 30th, 1824. 

limiUon vs, Randall. 

This Court fully recoynizes the Rule of Hilary 
Teriii, 3rd, James I, which orders tliat no cause 



one ari^n"d and dettirm.iiied, shall again be 
broiii'ht before the Court. 

In Ihi . case, H'llph applied for a Rule to shew 
cause why tlio proceedings and juil;^iaei;t siiould 
not bt) set aside lor irre.niiarily; and why tiie writ 
of fieri facias, issued upon the said jlldi;ment, 
a^inust the lands and tenements of the Detendant, 
should not i)e superseded, with costs, ami reotilu- 
tioii made to the Defendants. 

A judgment i.iy delaull had been signed lii this 
casi!, and evecution issued, and the lanils sofd 
under it, sevtmil years ago ; and an application, 
similar to tlii! present, had been made by Stewart 
of Counst;! fortlie Delendant, who, ia Michaelmas 
Term, 18J1, had oblained a llule ^Jisi, but which, 
upon argir.nent, had been disi.diarged. 

Various irregularities weic, upon the present 
application, point.:' out by Mr. ttolph, some of 
wnichiiail probably not been insisted upon by Mr. 
Stewart in the former motion. 

Til-' Couiise! now went considerably at length 
into 1;. ■ supposed iircirnlnrities, and also read an 
■'.'iidavit (wiiich was fyled) containing a statement 
of those! inegularitias, and of tiie facts and merits 
v/1 the Apphcanl's c.ise, — adverting abo to Iho 
pailiul want of considi'ration of the debt upon 
wliieh the judgment was obtained. He also cilt.'d 
many ca.-(!s of new trials at law and re-heariuL^s 
in eijuity. wliicli he considereil analogous. 

Ruinsso.N, .Vtlorii •>' General, contra — read an 
idiidavii rebnitiiig those facts and circumstances, 
but relied upon the universal j)raetice of Courts 
of Law (to which no excejition could be found) 
which doe; ;'.ot permit a cause once determined, 
upon motion anil argument, to be again brought 
iorwanl, either upon the ground of the same or 
other incijuiarities, not belore insisted upon. He 
cited amf read the Rule of Hilary Term, 3rd, 
James I, liy which it is ordered, " That if any 
" cause shall first be moved in Court, in the pre- 
" sence of the Counsel of both parties, and the 
" Court shall thereupon order between those par- 
'* tics, if tlu! same cause shall again be moved, 
" contrary to that Rule given by the Court, then 
" attachment shall go against him who shall pro- 
" cure that motion to be nnide contrary to the 
" Rule of Court so lirsl made ; and that the Couu- 
" sel who so moves, having notice of the said 
" former Rule, shall not be heard here in Court in 
" any cause in that Term, in which that cause 
" shall be so moved, contrary to the Rule of Court 
" in form aforesaid." The Counsel also cited au- 
tliorities, to show that no motion I'an 'e made upon 
the ground of irregularities, not noticed upon a 
lirsl motion. 

Ca.mpbei.i., Justice. — Upon the opening this 
matter. I thought it strange, and was indignant 
that the irregularities pt.inted out by the Defen- 
dant's Counsel should have taken place. What- 
ever were the ijrouiids, il now apj)ears that those 
irregularities have been discussed and decided 
upon for many Terms back. The Counsel has 
referred to a number of authorities which it was 
to be supposed he referred to, as upon a first ap- 
plication and discussion, but it appears that was 
nut ihe case. If they are to be considered as fur- 
nishing authority for opening ^ id re-considering 



PETITION — MACKENZIE, FOR RANDALL'S DEVISEES. 



26 



masters already docidod upon, they do not aj'ply. 1 
Upon reference to tlio order in Hilary Term, 3rd 
James 1?'., it appears such second discussions can- 
not ba pennilted. Were it not for this salutary 
rule, nothing could bo more uncertain than the 
proceedings and decisions of Courts of Justice. 
There is also a penalty attached to tLa breach of 
the rule, which, as this is the first time it has 
been attempted to bo infringed in this Court, I 
should not wish to see enforced ; but upon any 
iuturc attempt of the kuid I should. 

Chief Jcsticr (Powell.) — I concur with my 
brother Cam, bell, and for the reason given by 
him, 1 also consider that the penalty may be dis- 
pensed with. 

Per Curiam — Application refused. 



Copy of affidavit by R. llandrdl, In the hand- 
writing of Hon. John Ralph. 

" In the King's Bench. Henry John Bouhon vs. 
Robert Ritiidall. — Robert Randall of the Township 
of Stamibrd, in the Niagara District, Esq., the 
abovo Defendant, maketh oath andsaith, tliat the 
landed property of this Deponent sold under 
the excLMition iss' ,1 in this suit, (as this Deponent 
was informed \)j Mr. Morris, Member lor the 
County of Carlton,) was not the Lot of land mort- 
gaged to the said Henry John Boulton, who was 
present at the sale, as mentioned in the condition 
of the bond on which the saitl action was in part 
brought, but certain other lands of this Deponent's, 
of very great value, and for a part of which this 
Deponent was oifered £3000 lawful money of 
Upper Canada, being the Landing Place, adjacent 
to the proposed site xbr the military and civil es- 
tablishments of His Majesty's North American 
possessions." 



(D) 

(From Manuscript Reports.) 

IN THE king's bench. 

Boulton vs. Randall, 1824. 

Trinity Term, 5th Geo, IV., 

Til > proper style of this Court is " befor*.: His 
Maj' sty's Justices," not beforo the King him- 
aelf " coram vobis," not, " coram nobis." 

V/ashburn, moved for an allowance of a writ j portant trifles to incite desire — no prospects of suc- 
of error coram mibis, \ cesii to animate witi' .jpe I Randall's care-worn 

Bou.'TON, (Solicitor General) — objected that i soul, vacant of emploj-mont, and harrowed up by 
ihe writ should be coram vobis, — that al! writs! thought, was there left to turn upon itself for years 
here sliould be returnable before His Majesty's' to witness hs own forlorn wretchedness, to mourn 
Justices. In England the Court of King s Bench ' the prospect it had lost, and brood over tiie mise- 
is ambulatory, following the person jf the King, I rics to come. It was thought that the poverty and 
but here it is stationary. In England, the Pailia- wretchedness brought upon him, would break 
ment may sit in Westraiiister, and th'i Court of down the spirit of the man; that nature, however 



The Attorney General, (Robinson,) observed, 
that if the writ was defective it might be quashed 
in this Court, or in Chancery. To this observation 
the Chief Justice (Powell) assented, observing, 
(witii the Court) that the style of the Court hitherto 
adopteil in writs, was improper, but that they 
would not interfere with a practice which 'lad ob- 
tained for such a length of time. 
Per Curiam — Writ allowed. 



(E) 

From ColUn''s Stenographic Report of the 
Trial of R, Randall, at Niagara, Sept. 7, 
1825. 

EVIDENCE OP THE HON. THOMAS CLARK. 

" Witness held a Patent from the Crown for the 
Bridgewater W'orks. (Tiie Patent was produced.) 
It was dated 2iid January, 181'' it included the 
whole item sworn to by Mr. lUndall, and lOJ 
acres more. 

"Cross-E.vamined by Mr. Ralph. — Whness 
visited Mr. Randall while in gaol in Lower Ca- 
nada — saw him in Montreal Gaol — asked him to 
transfer to him (witnoss) his (Mr. Randall's) inter- 
est in the Briilgevvater' Works. Mr. Randall had 
a claim on one-thiril of the Bridgewater Works, 
under a lease for 999 years, fromGencal Simcoe. 
\7itiiess visited Mr. Randall in Montreal Gaol for 
other purposes also." 



Extract from Honorable John RolpWa Address 
to the Jury during said Trial : — 

" Randall has tasted the bitterness of protracted 
imprisonment in a Foreign Gaol — and it is now pro- 
posed to make him suffer martyrdom in life pillory! 
For seven years he was immured in a dungeon in 
Lower Canada, where he suffered privations, the 
detail of whicli would make humanity shudder. 
Engaged as you are in the active and diversified 
pursuits of life, there is much to occupy your at- 
tention, and divert it from a thousand rexationi 
which are attendant on the fate of the most for- 
tunate of men ; and even when business has lost 
its interest, or brought fatigue, nature opens her 
exhaustless stores, to invigorate the body, to de- 
light the senses, aiiJ to regale the mind ; but in a 
gaol, there is nothing to fill up a tedious existence 

it is there almost worldless as the grave — no im- 



King's bench where the '-" ig himsell is but in 
this Coi iitry the Court must sit where the Parlia- 
ment sits. 



buoyant, could not bear up against such compli- 
cated woes. Many, maiiv a man, thus made a 
prey to acuumulated sorrow, is doomed to Imng the 



UL .i/^>i- 



PETITION — MACKENZIE, FOE BAKDALL's DEVTSEES. 



Villi 

m 

' 'X. ' 



ir ]\ 



m 



head of despondency, and when usiiered into pri- 
son, every remnant of former vigour, that might 
promise a successful struggle, is soon exhausted 
by despair. Hut Randall survived the wreck of 
his property, and the miseries of a prison." 

ikeniarlcs by the J'tlilioner.—Coimxcl Clark ad- 
mits on oath that, although ho kept Randall in 
prison, and sold valuable estates of his for a mere 
nominal price, through the Sherill, Randall had a 
claim on the Falls Estate, wilhh(!ld from him by 
Clark. Mr. Chief Justice Macaulay, when Bou)- 
ton's student had been directcui to swear that he 
(Macaulay) did not know wIuto Randall lived in 
the Home District, wliere Boultoii knew he had 
iwer lived, and that his home was a hundred 
miles distant, at Chinpawa. Through this oalli 
Randall was prevented from knowing that Roulton 
had proposed to make a demand of plea from him, 
which was no demand, for a scrap of ^/aper stuck 
byBoulton in an Olfico at Toronto, was no demand 
from Randall, who resided a hundred miles olF. 
Un'lur this pretended notice, however, BouUon 
secretly sold one of Randall's most invaluable es- 
tates, on a claim of about X142, which he got, 
and fSlieriir .Stuart (his brother-in-law) probably 
kept the remainder, about £'M)0 His heirs or as- 
signs, under 7Will.IV, cli.3,§:}, Sec. can plead the 
Statute of limitations; Randall got not a penny. 
Soon after, Mr. Macaulay, acting for tlio Crown 
under Boulton's directions, vainly tried to convict 
Randall for perjury, because he had sworn tli.at 
lands thus gambled or juggled from him were still 
h.,.] 



(F) 

HON. M. S. DIDWELL TO W. L. .MACKENZIE, 

Toronto, I8th July, 1835. 

My Dear Sir, — Respect for the memory of 
Major Rardall will induce me to do cheerfully and 
cordially, whatever I can for his devisees, without 
a fee ; and I, therefore, with many thanks for your 
liberality and kindness, return the note which you 
sent to me. 

Yours, truly, 

MARSHALL S. BIDWELL. 
W. L. Mackenzie, 

York Street. 



(G) 

MBSSBS. Fillmore, hall and haven, to w. l. 

MACKENZIE, 

Buffalo, Fcuij. 9th, 1838, 

(Copy.) 

" ilor.. W. L. Mackenzie, Sin, — Wc >.nderstand 
you are one of the Executors of Robert Randal!, 
late of Cliippawa, tapper Canada, deceased. We 
have been re(|uesled by (jerard Wilson and his 
sister, of Baltimore, and the representative of 



I Randall Wallis, to make some inquiry as to the 
shuation of the estate and its prospects. We un- 

! derstand you are the only Executor who has acted 
under the -vill. May we trouble you to write us 
immediately upon the receipt of this, and give us 
such information in relation to the estate and its 
settlemiMit, as you can communicate from recol- 
lection, and such papers as you have under your 
control. From what we have been able to learn, 
we are led to think that Mr. Rai'dall was greatly 
injured by die (Joverinnent Party when living. 

" Please direct j'our answer to M. Fillmore, M. 
C, Buflalo. 

" We a;e, respectfully, 

" FILLMORE, HALL & HAVEN." 



[William L. Mackenzie made such a statement 
as his then situation permitted, and on the 14th 
of April, pioinisi;d lurtlier information.] 

Mr. Fillmore replied: 

HON. MILLARD FILLMORE (uow President of the 

IJ. S.,) TO W. L. MACKENZIE, 

(Copy) 

« Washington, April '2Qth, 1838." 
"Hon. \V. L, Mackenzie." 
Sir, — Yours of the 14th is received. I hope it 
may be convenient for you to give my partners the 
desired inrormatioii soon. You can address it to 
me at Buffalo, and if 1 auuiot there it will go into 
their hands. 

I am respectfully yours, 
MILLARD FILLMORE. 



H. 

HON. R. BALDWIN TO MR. J. H. CULP. 

Toronto, I'ith July, 1838. 

Dear Sir, — I should be happy to aliord to Mr. 
Randall's family, any professional assistance in 
my power in pursuit of any rights that may be 
found to be unjustly withheld from them. 

It would, however, be impossible for me, con- 
sistently with my other engagements, to leave the 
city at this moment, and indeed from the little 1 
do remember of the subject matter of the business 
to which your letter refers, it would recjuire a much 
more lengthened investigation, preparatory to sub- 
mitting it to th'i consideration of any one, than I 
could at this time iippropriate to the purpose. It 
was, I believe, the subject of some Parliamentary 
report — if so, this might be made the foundation of 
an application to Lord Duiham. But if the matter 
is to be gone into fully, with the view of any judi- 
cial action upon it, you will, I am satisfied, find 
that it cannot be done but at the expense of much 
time and labour. 

Lord Durham, of course, cannot alter the legal 
relation of parties. An application to him for 
such purpose, would, therefore, bo inoperative. 
And fo.- any other, the Parliamentary Report, which 
1 have not, however, at present by me, would, I 



In 



« 



PEIIIION— MACKENZIE, FOR RANDALL'S DEVISEES. 



27 



should think, answer every purpose ; at least if the 
subject was, as I presume it was, fully gone into; 
I remain, Dear Sir, Your obedient servant. 

ROBT. BALDWIN. 

Mr. J. H. Gulp, Drunimondvillo. 



I. 

GEORGE MAlLOCll, ESQ., — HIS EVIDENCE. 

The Petitioner, in a suit tried last fall Assizas, at 
Bytown, made inquiry after one of Hon. James 
Morris, brothers, wlio was at the sale of the Chau- 
diere K.stiite, at Brockville, but found ho had died. 
While (;eor|;^o Malloch, Esq., was under esamina. 
lion, as a witness for Judge Sherwood's heirs and 
divisees, Petitioner suggested to Mr. Lyon, M.P. P., 
then of Counsel in the suit, to ask him wheti'er he 
knew of the advertising of Lot No. 40 Nepeau, 
Ottawa Front, or was present at the sale. He 
replied that he did not recolleet being present at 
any sale, though he mi;jht have been : that Judge 
Sherwood, previous to the sale of Lot 40 had sent 
him out to Point Nepoan, to ascertain its real value: 
that ho supposed, thouffh he did not know, that 
the Lot had been advertised in the U. C. (fazette, 
but had no recollection of the fact : the BrockcUle 
Recorder was established about the time : he 
(Mr. Malloch) did not remember that any notice 
of the sale of Randall's land was inserted in it, 
though it might have been. 

It appeart^l in evidence, that Col Clark, who 
had acknowledged [See doct. E.] on oath the 
heavy claim Randall had upon the Niagara Falls, 
property, nevertheless kept his hold under the 
Crown Patent : got the £4,000 for damage done the 
mills in the war of 1812, and kept all from Randall, 
whom ho had lield 7 years in a gaol. He also 
seized Lots 10 and 11 first Concession, Rideau front, 
throe fourths of 10, second Concession, do., and Lot 
38, first Concession on the Ottawa, all in Nopean, 
and worth to day £11500, and the Sheriti'sacnliced 
the whole to his own and Boulton's brothcr-iii-law, 
Levius Peters Sherwoml, late Judge, for £32 10s., 
tlie consideration money named in the Sheriff 
(Stuart's) deed. A^ain, in the Niagara District, 
1200 acres of Randall's lands, somewhat incum- 
bered, were sold by the Sheritf for about £40. 
Such was the protection property got in 1819 to 
1822. 



J. 

^'nowN Land Department, 

Quebec, 22nd October, 18.'52. 

HON. JOHN HOLPH, TO W. L. MACKENZIE. 

Sir,— I duly received your letter having refer- 
ence to Lot 39 in Concession A. of Nepean, with 
enclosures. The claims set up to the Lot in ques- 
tion, have long been under the coiisideration of the 



Government, and much conflicting' action has 
been taken thereon at varioas times. The papers 
connected therewith are consequently voluminous. 
The case having thus become of imjwrtiuice, I am 
de.sirous that it should be thoroughly investigated, 
and justice done upon its merits ; and I have no 
objection to communicate any papers calculated 
to throw light upon the subject to any one in- 
terested. 

I have, &c., 

JOHN ROLPH. 

William L. Mackenzie, Esq. M. P. P. 

&c., kii., &c. 

Quebec. 



K. 

To His E.vccllcnqi, Francis fiore, Esquire, 
Lieutenant Oovernor of the Province of 
Upper Canada, S;c., S^c, SfC. 

In Council. 

Petition of Robert Randa'l, of the Town of Corn- 
wall, in the Eastern District of the Province of 
Upper Canada, Merchant, 

Humbly Shewetii : 

That your Pethioner has been resident of this 
Province ten years or ♦hereabouts. 

That he was the original Proprietor and Builder 
of the Bridgewater Mills, in the District of Niagara, 
being the lirst Mills in this Province that manu- 
factured Flour for the European Markets. 

That he was the Contractor for, and built the 
Church in the Town of Cornwall, whereby he 
sustained a considerable loss. 

That your Petitioner took the oath of allegiance 
to his present Majesty on his becoming a resident 
of this Province. 

Your Petitioner, therefore, prays Your Excel- 
lency, in (Jouncil, will be pleased to grant him 
such a p.'oportion of his Majesty's waste Lauds as 
Your £:■'■ 'lency, in Council, may think meet, 
and your Petitioner, as in duty bound, will ever 
pray. 

(Signed,) ROBT. RAND ' 

York, 20th February, 1809. 



Receiver General's Office, 

23rd February, 1809. 

Mr. Robert Randall has paid into this Office 
forty-five pounds, eleven shillings and seven 
pence hall penny, Halifax currency, equal to 
£41 Os. 5d., sterling, for Patent feo on 1000 acres 
of Land, granted by Order of Council o( this day, 
under the Regulations of the 9th Jan., 1804. 

(Signed,) P. SELBY, 

Acting Receiver General. 
To John Small, ]§sq., 

Clerk Executive Council. 



28 



PETITION — MACKENZIE, FOK RANDALL'S DEVISEES. 






■ 41 



ll 



Read in Council, 

February 29/A, 180ft. 
Tlio Petitioner recommended for 1000 acres of 
land, under the Regulations of tlie 6tli of July, 
1804. 

(Signed,) TIIOS. SCOTT, 
Chairman. 
Approved, 

(Signed,) FRANCIS GORE, 
Lt, Governor. 



Robert Randall : Referred to the Executive 
Council. 



Certified, 



(Signed,) FRANCIS GORE, 

Lt. Governor. 



WM. H. LEE, 

Act C. E. C. 



APPENDIX (A). 



The Committee on tlie i/ctition of Robert Randall, Esquire, met in the Joint 
Committee Room, February 13tii, 1828. 

PUESENT ; 

Messrs. Attouney Geneiul,* 
IMatthewh, 
EoLi'ii, and 
Bidwell. 
Dr. Lrfferty attended, and was examined. 

He states that he wasin-cscnt at the Assizes '*r Niagara in 181 8, where a cause of Randall 
IS. Phelps was stated to have been entered for trial — Mr. Justice Uoulton presided — saw Mr. 
Randall there — does not know on what day of the sitting of the Court it was. Ue was going 
from the Court House to Town for his witnesses, — understanding that Mr. lioulton (the .Soli- 
citor (Jeneral,) was going to call the cause on. While he was absent Mr. Boulton did call 
the cause on, and the Judge declined trying it, on the ground that he had been Attorney for 
the Plaintiff, and had instituted the action. — Dr. Lefferty then left the (^ourt House and went 
to Town, and meeting Mr. Randall on the way, told him that his cause would not be tried ; at 
which he apjieared much dissatisfied, and said he had that morning given Jlr. Boulton his 
note for 100 dollars for coming over to conduct his trial — Mr. Randall went into Court, and in 
his presence urged the trial of the cause, but the Judge positively declined. The Judge 
being pressed by Mr. Raudall said he had objected to taking that Circuit, because he was 
unwilling to try that cause — knows that Mr. Randall paid something more than 40 dollars 
to an Innkeeper at Niagara for the expenses of some of his witnesses. 

Mr. Randall produces a letter from Sir. Boulton, said to have been received 1st May, 
1819, (marked F.)— also a letter from Mr. Boulton, dated Jlay, 18111, (marked G.)— also a 
letter from Mr. Boulton, of 8th July, (marked H.) — also a copy of a letter from himself to Mr. 
Boulton, dated June 2',lth, IBl'.l, (marked I.)— this letter he states he sent by one Jacob 
Dawn, to York ; also a paper marked K, certified by the Deputy Clerk of the Crown, as being 
a correct schedule of the original papers in the cause of Mr. Boulton vs. Raadall — was served 
with process on 22nd June, 1819, — and on the 29th June, wrote that letter marked I. — He 
saw Mr. Randall at the Assizes, in August, 1819, but did not speak to him respecting the 
suit. 



February 2\it. 
The Committee met again. 

The Petitioner attended. ^ 

Dr. Lefferty again called in and examined. 

Says he remembers in 181C, I\lr. Ju,stice Boidton, then Attorney General, conducted the 
trial of the same cause of Randall vs. Phelps — A nominal verdict was given and the cause was 
referred to arbitration — no award was made, and it Mas tried at the next Assizes for Niagara. 
* Now Chief Justice Robiusoii. 



PETITION — MACKENZIE, FOR RANDALL'S DEVISEES. 



29 



UTr. TJandnll states to tlie Committee that a different lot from that mortgaged to Jfr. 
Loulton was sold in execution to satisfy his debt, which Mr. Boulton says he has no doubt 
might have been, for he gave no particular directions to the Sheriff on the subject. 

William MorriB, Esquire, called in and examined by Mr. Pandal. 

Pays — he has no acquaintance with Jlr. Lelireton — knows Lot No. 40, in Nepean — 
called Point Nepean — heard it was sold either to Captain LeDreton, or Mr. Sherwood, now 
Judge Sherwood — Mr. Morris's brother attended the sale — it took place at the Court Uo\ise 
in Lrockviile, Nepean b>'ing then part of the District of Johnstown — does not remember how 
long he had heard of the sale before it took place. 

lie authorized his brother, being at Urockville (Alexander Morris,) to bid as much ns 
£3!K) for it ; he afterwards found that his brother had gone as far as jE44!t for it, but not liking 
to go further, it was bid off to Captain LeBreton or Mr. Sherwood for £450. 

licing asked by Mr. IJandall whether he did not tell him, !Mr. Randall, during the last 
Parliament, that he had only heard of the sale the niglit before it took place, answers that it 
was impossible, as he had himself walked to Point Nepean, (oO miles,) to see the Lot before 
the sale, and had in consequence sent the directions to his brother. A Sheriff's notic ;■ of the 
sale was put at his, Mr. IMorris's shop door in Perth, which is as public a place as any mer- 
chant's shop in Perth ; it was put up as notices always are, on the inside of the door ; knew 
nothing of the intended sale till he saw that notice — he went down, in consequence of a con- 
versation with Dr. Thom, who had received information from some person on the Ottawa, 
that Point Nepean was a valuable situation, and they consequently both went on foot to see 
it ; after his return he wrote to his brother, by post, the instructions spoken of, and he thinks 
that the sale took place a few days after, but he does not distinctly recollect the time. 

Had lie been present at the sale, he thinks he would have given as high as 7 or 800 
pounds for it. If the property had been his, he thinks he would have been reluctant to have 
taken £2,000 for it. 

Captain LeBreton was at the sale : and his impression has always been that Mr. Sherwood 
either participated in the purchase or assisted Captain LeBreton in making it : but he knows 
not howr the fact really was. 

The Siieriff was John Stuart, Esquire, who is still Sheriff of the District of Johnstown ; 
he is brother-in law to Sir. Sherwood, and to the Solicitor General. 

Thinks Mr. Sherwood knew noth:ng of the value of the Lot until he was applied to by 
Captain LeBreton to join or assist him ia the purchase. 

Neither saw nor heard of any other notice of the sale in Perth, or the neigliborhood, or in 
the neighborhood of the Lot — has never conversed with any of the Messrs. ^Vrights of Hull, 
about the Lot — thinks they had no knowledge of the intended sale — found at ^Morris's Run, 
about five miles from the Point, that they were ignorant of it. The notice of the sale was not 
likely to have attracted the attention of people in general, as the Country was then so little 
known. 

He considered the place of great value from its situation with respect to navigation and 
water privileges, but not from any idea or knowledge he had of any grpat expenditure being 
likely to be made there by the Government, further than building a store or two for the recep- 
tion of emigrants. 

He meant, if he had bought it, to have given two or three acres to the Government for 
such a purpose. Thinks the Lot not worth so much now as it was then, fiom an establishment 
which has been made on a neighboring Lot by the Government since ; which has occurred, it 
is understood, from the refusal of Captain LeBreton to part, on reasonable terms, with the Lot 
or part of it, /or the purposes of the Government. 



The Committee met again on 

Friday, February 22nd, 

William Morris called again and examined. 

Asked, what sum he would have taken for allowing any person to spL ct an acre from 
the Lot at Nepean I*oint, had it been Ids ? — says he would not have taken less thau £500, and 



80 



PKTITION — MACICEXZIE, FOR RANDALL'S DE\7SEES. 



m 






I M 




perhaps not that sum — because the best raiil scat would probably be selected ; there are 
several mill seats on the Lot. 

Keven years ago, a village was laid out upon the Lot in question, by the present proprie- 
tors — does uot kuow what number of houses are built there, but thinks not more thuu three or 
four. 

* The Atlorneij General examined. 

AVas retained in lsl7, to defend Elijah Fiielps against T^obert TJaiulall, in which a verdict 
bad been rendered in favor of Itanda'l at tlie preceding Assizes, for iilO,()(J<^ — that verdict was 
set aside, and a new trial granted in October, LSlS. He was present as Coimsel for x;efen- 
dant at Niagara- he rode part of the way with Mr. Justice JJoulton on his way to the 
Assizes — it was iu October, 1818 — cannot say where he staid at Niagara. 

lie knew no more than any stranger in Court that the Judge intended not to try the 
cause mentioned above — tiu\t he went as (Jounsel prepared for the defence, when the Judge 
refused to try it. The Solicitor (ieneral seemed annoyed at it, and so expressed himself to him, 
(the Attorney General,) and thought it an unnecessary scruple on the part of the Judge ; that 
he had been the I'laintiif's Attorney in the suit : but the Attorney tieneral thought other- 
wise, and expected such refusal, though as unapprized of it as any stranger. In the course of 
conversation the Judge might liave expressed his reluctance to try the cause , and he has an 
indistinct recollection of its being the case about the time of arranging the Circuits ; but he 
had no reason to think the Judge ha<l positively made up his mind when he left York. 

The fjolicitor (General said that Randall had come with the intention to have it tried — that 
he luid himself come with that expectation, and only for that cause, and that it would be a 
vexation to IJandall. 

He was never retained by I\Ir. Boulton as his Counsel upon any of the applications made 
by Mr. Itandall to set aside the proceedings in Loulton vs. llandall. That either on the appli- 
cation of Mr. Stuart or Mr. IJolph, or both, he did, at the request of the Solicitor General, the 
grounds of objection wiiich he stated to be against the motion, and perhaps engaged in answer- 
ing the rule nisi. That the Solicitor (Jeneral applied to the Attorney General, to oppose the 
AA rit of Error, and he would have done so had he been present ; he suggested to the (Solicitor 
General not to object to the legality of the AVrit in error, but to allow the irregularities to come 
into discussion in that shape before the Court, if the Court did not themselves object to it. 

To this the Solicitor General assented. 

But as the Attorney General then went to England, is not acquainted with the further 
progress of the matter. 

The cause of llandall vs. Phelps, wps tried at Niagara, in 1819, before Powell, C. J., and 
a special Jury. Kandall in person pleaded his own cause, and uot by the Solicitor General, 
who was not present. lie heard Kandall in pleading his own cause, say that he was aban- 
doned by his Counsel, the Solicitor General,! and has no doubt Mr. Eandall appealed to the 
indulgence of the (A)urt upon matters of law, under the eircumstances in which he was placed. 
The cause was called on at the request of Mr. Eaudall himself; that he thinks it likely the 
Judge told him, Ifandall, that every legal advantage should be afforded to him. The cause 
went oft' upon no legal olyection ; but it went to the Jury on the evidence ; the Chief Justice 
cliarging strongly in favor of the Defendant. 



I 



Saturday, 2Zrd. 
The Committee met. 
Mr, Randall attended. 
Mr. Morris again examined — 
There were but four or five inhabitants in the Township of Nepean at the time of the sale, 
and these he thi. lis were what are called squatters. The river Goodwood empties into the Ri- 
deau ten or '< Ive miles from the mouth of the Talter ; thinks there was not an inhabitant 



* Hon. 
t Hun. 



U. Robinson. 
■! J. Boultoa 



PETITION — MACKENZIE, FOR RANDALl's DUVISEKS. 



81 



with the further 



on the river Goodwood nine or ten years ago. — Had he never seen any particular Lot on the 
Kideau below the river Goodwood, which might have been advertised for sale, he would not 
have given much for it — it is good land, however, and thinks it would now be valuable. At 
the time spoken of, in 1S19, thinks land so situated would have been worth about seven and 
six pence per acre, tho' now it is worth five or six dollars — would not have thought eighty 
acres in that situation a good security for JEl(X) ; there is no mill seat on the Ilideau; on the 
place spoken of it is dead water. 

]\Ir. Boulton attended and produced to the Committee a mortgage from Mr. Itandall to him, 
dated March 17, 1817, which is the same referred to in the bond on which judgment was en- 
tered. The mortgage is upon Lot No. 1 1 , in the first Concession of Nepean on the Ilideau, for 
£100 ; to be paid 1st January, 1 ^IS. The Lot is said in the mortgage to contain 200 acres. 
IMr. iJoulton produced a certificate from the Surveyor General, that the lot thus mortgaged 
contains only 78 acres : and that the patent to Jlr. Itandall described lots \os. 10 and 11 in 
the Ibt Concession as containing together only 100 acres, and Jlr. Boulton calls the attention 
of the Committee to the circrmstance that in the mortgage, Lot No. 11 only was stated to con- 
tain 200 acres. 

Mr. Boulton also produces an affidavit of 3tr. Randall, sworn the Tith July, 1824, for the 
purpose of his qualification to be returned as a member, in which he describes the Lot in ques- 
tion, No, 11, as a broken Lot, whereas in his petition to the house, he states that he gave Mr. 
Boulton a mortgage on 2(X) acres of land. 1 le also produces a certificate given by the deputy 
clerk of the Crown, setting forth various causes conducted to judgment by other Attorneys, 
viz: Fothcrgill ?;». Brice; Somers I's. Pettit ; Heron t«. DeWitt; ^McXider and Forsyth vs. 
Clarke ; in whlcii tlie proceedings were precisely such against the JJefcndaut.s residing out of 
the Homo District as in the case against Mr. Randall. 

And he remarks that in the case of Mr. Somers vi Pettit, in which 'Mr. Baldwin was 
Plaintiff's Attorney, and judgment by default was obtained in the same manner, he (the Solicitor 
General) was Coiuiscl for the Defendant, and did all he could to obtain iciief against the judg- 
ment, but in vain; and the judgment was confirmed. 

Mr. Beardsley, a member of the Committee and also a Barrister and Attornej , states that 
it is perfectly notorious that the practice was so under the rule of Court, and that he heard 
many cases where the judgments were so obtained. 

Jlr. Boulton also produces his dockets, shewing that his proceedings for clients in similar 
cases were precisely such as took place in his action against Mr. llaudall. 

In particular he shews a cause in which he was plaintiff's attorney for James Samson 
Esqr. against the Hon. William Dickson, a Jkmber of the Legislative Council, whose resi- 
dence in the Town of Niagara was known to every person, in which cause the proceedings 
were just such as those of which Sir. Randall complains. 

Mr. Boulton also produced a writ certified by the Clerk of the Crown, of judgments 
against ?Jr. Randall in other causes which were depending against him at the time he pressed 
the payment of his bond ; among these is a case of Thomas Clark vs. Robert Randall, in 
which judgment was obtained for £415 I'o OJ. In this case the Attorney General was con- 
cerned for the Plaintiff, and as he states that Mr. Boulton had obtained judgment against Sir. 
Randall a short time before Mr. Clark's could be entered up — and that he looked into the pro- 
ceedings with a desire to set them aside if he could, to prevent his obtaining precedence of 
Mr. Clark, but finding them in accordance with the ordinary jiractice of the Court, as it ap- 
peared to him, he concluded there was no ground. 

Mr, McDonald, M. P. P., called in and examined. 

Mr. Boulton related to him that Mr. Randall had informed the Ccmmittee, that he (Mr. 
McDonald) had stated to ^Ir. Randall, that the advertisement of the Sheriff's sale of ^Ir. Ran- 
dall's Jjot, was put up with the face to the wall, and on the back written, " a watch to be raf- 
fled for" and Mr. Boulton asks Mr. McDonald if the fact was so, or if he ever stated such a 
thing to 3Ir. Randall. 

Mr. McDonald states that he never saw, never heard of or saw any thing of the kind and 
never did state any such thing to Jlr. Randall ; at least that he would swear that to the best of 
his recollection he never made any statement of the sort. 



i 



♦ 



82 



PKTITIUN— MACIiENZIK, FOR RAND^ai's DEVISEES. 



♦* 



Mr. Ilonior, jI. V. V., cuUed iri by Mr. Kaudall. 

Siiys lliJit he heard ^Ir, Itandnll say four ycirs ago tliiit Mr. McDonald had made the 
stateiiuMit respecting the advcrtiseuiei.t mentioned abo\e ; 'out he never lieard Mr. iMclJonald 
say so. 



Tuetdau, Feb. 2tj, 1828. 



i 

I m ■ 



If 



Committee met aguin- 



PRESFA'T 



-Messrs. Beardsley, Chairman, 
Rolph, and 
Attorney General. 

'Mr. .Tiisiice Sheni-ood attended at the request of tlie Committee, and being examined in 
presence of tlie i'etitioncr, states he lias been at tiie I'alls on ti\e Ottawa Itiver; knows No. -10 
in Nepcan ; it was sold at Sheriff's sale, at the suit of Mr. II. Loulton ; (.'apt. LeUrcton was pur- 
chaser at Slieritf 's sale : soon afterwards, thinks within one or two days after, he, Mr. Sher- 
wood became purchaser from him of part: thiidcs the sale was in l)ecend)er, 18i.\). On the 
evening of the sale, as lie tliinks, Captain Lclireton came to him at iirockviile, and stated, that 
a valuaiile Lot was to be sold at Sherifl's sale, situate on the Ottawa, where he, LeUrcton re- 
sided, tliat lie wished to become the purchaser, but was not sure he had sufficient money, as 
other persons he understood hail come in, intending to l,>uy, and he proposed to Mr. Sherwood 
to join him in purchase, or to lend him money to enable liim to buy. lie stated to Capt. Le 
Breton that he was not inclined to buy land at that time, but thi ; he wo.dd impiirc about the 
lot ill question ; that at any rate he v/ould take part of the lot from him if he bought it, or 
would advance him the purchase money if he would give him security. 

Mr. Sherwood was present at the sale, but did not bid. Captain Le Breton bought it ; 
there were other bids, and thinks lands of other persons were sold on the same day by the 
Sheriff in presence of the same bidders. Thinks between twenty and thirty persons atttended, 
had seen the Sheriff's advertisement of the sale under Sir. Boulton's execution, before Captain 
LcBreton came to him, but knew nothing of the particular Lot. and a day or two afler the 
sale, he took from Le Breton a conveyance of half his interest in the lot, (an undivided moiety) 
id became responsible to the Sherifi' for the purchase money, of which Captain LeBreton sub- 
sequently paid his half to Mr. Sherwood ; the amount bid for thj lot was £J:i9, to the best of 
his recollection. 

lie docs not know that any person united with Captain LeUreton in the purchase at 
Sheriffs sale, but thinks there was not ; a partition was made some months after betook the 
deed from Captain LeBreton, as tenant in common. 

Captain LeBreton has sold part of his moiety, as he thinks, to one Bellows. (He Mr. S.) 
has not yet sold any part of his portion, except that he made an exchange with Captain 
LeBreton of a small part after partition was made. 

He has laid out the front of his proportion of the TiOt into small lots, and Captain 
LcBreton he has been told, has done the same ; has nevCir understood what price Captain 
LeBreton has put u])on his share of the land. An application was male to him, from the 
Quarter :i\Lister(ionerars Office, at the desire, as he understood, of the Commander in Chief, 
for a purchase of a part of the Lot ; this was some time after the sale to him ; has under- 
stood that a })roposal was also made to Captain LeDreton at Quebec, by the Commander in 
Chief, which, however, did not end in anything satisfactory. 

Does not know what price was offered to Captain LeBreton, no specific offer was made 
to himself. 

Considers the Lot valuable from its situation, affording a good landing place at the head of 
the navigation, and there is a good mill site and perhaps several on the Lot; the land is in 



PITITION— MACKINZIE, FOR RANDALL'B DBVISXBS. 



88 



|il had made the 
Mr, iWcDonald 



2>], 1828. 



I'lff examined in 
knows No. 10 
reton was pur- 
lic, J\[r. iSher-. 
If^i^). On the 
>nd stated, that 
LcLireton re- 
icnt money, as 
-^fr. Sherwood 
c(J to Capt. Le 
liiirc about the 
2 boiiglit it, or 

?ton bought it ; 
ime day by the 
sons atttendcd, 
before Captain 
r two after the 
ivided moiety) 
LeBreton sub- 
to the best of 

? purchase at 
Kr he took the 

(He Mr. S.) 
with Captain 

and Captain 
rice Captain 
11, from the 
lor in Chief, 
has under- 
umander in 



r was made 

the head of 
land is in 



general rough. There is a Town he understands laid out near it called By town, and it is proba- 
ble that that circumstance renders the Loi of less value than it has been supposed to be. 
WTien he was last at the lot there were two government storehouses built of logs on the lot, 
and a small dwelling house near that, kept there as an Inn. Has heard since, that a good 
house has been built by one Bellows, a Merchant, where he believes an Inn is now kept, and 
there is also another house in which one Hollister lived, who likewise kept an Inn, and has 
heard that another house has also been built there ; one Firth is living with Berry in the house 
first spoken of. 

To questions put by Mr. Boulton, states that he never understood the sale was Intended to 
be kept secret by the Sheriff: has heard the Sheriff say that he seat advertisements to Nepean 
and Perth, and to several parts of the District : has no idea that the Sheriff was at all aware of 
the value of the lot No. 40; he (Mr, S.) knew nothing of it till informed of it by Le Breton. 

In 1821, Mr. Randall came to him (Mr. Sherwood,) at York, andspoke to him respecting 
the sale, saying that he understood the land had been sold, and that he was aware that he, Mr. 
Sherwood, owned part of it. Mr. Randall appeared to be dissatisfied with the judgment which 
had been obtained against him, saying that Mr. Boulton had not treated him well ; he said 
that he had no knowledge of the sale till he was told of it during the sitting of the Legislature 
then in Session, by Mr. Morris or some other person. 

At a subsequent Sheriff's sale of Mr. Randall's lands, at the suit of Mr. Clark, he, Mr. 
Sherwood, bought No. 11 in Nepean on the Rideau ; does not recollect the price ; it was, he 
thinks, under £20, nearer ten than twenty ; the quantity of land was somewhere about 60 or 
70 acres ; had this lot been offered to him in 1816 or 1817, he would not have given a dollar 
an acre for it, but it might have been worth much more. 

When he understood a question had been made about the land (No. 40) being properly 
advertised by the Sheriff, he took pains to inquire ; and so far as he can depend on the 
statement of the Sheriff, his belief is, that the land was as well advertised as Sheriffs' sales 
usually were then, which was before the passing of the Statute on that head in 1822, and 
more regularly than they sometimes were in other cases : no fact has come to his knowledge 
to lead him to think otherwise, but the reverse. 

Robert Baldwin, Esquire, a Barrister and Attorney, attended. Recollects the rule of Court 
under which it is stated the interlocutory judgment in Boulton vs. Randall was signed ; was a 
Clerk in his father's office at the time the rule spoken of was caused to be in force ; the practice 
was then agreeable to the rule ; whether such practice was consistent with the Statute or not, 
he could not then judgo. Remembers the cause of Sommers vs. Pettit, in which his father 
(W. W. Baldwin, Esquire,) was Attorney for the Plaintiff, and Mr. Boulton for the Defendant : 
upon reference to his father's docket, he finds that interlocutory judgment was signed under 
the same rule of Court as in Boulton vs. Randall ; knows Mr. Boulton exerted himsell' 
as much as possible for the Defendant, but the judgment was finally entered on the assessment. 
That cause was an important one as to value : the judgment was for about £500. The inter- 
locutory judgment in Sommers and Pettit was signed 29th July, 1820 : demand of plea was 
put up in the Crown Office on 26th July, and affidavit fyled that Defendant's place of residence 
in the Home District, was not known to the deponent. Upon questions put to Mr. Boulton 
by Mr. Randall Mr. Boulton states, that he was retained by Mr. Randall in Randall vs. Phelps, 
and received five guineas, and that Mr. Justice Boulton claimed £50 for his services rendered 
to Mr. Randall when he was at the Bar, which formed part of the sum for which the bond was 
given. 

Mr. Randall being asked by Mr. Boulton, whether an account, of which a copy appears 
published In the Colonial Advocate of June 26, 1825, was not furnished by him to the Printer ; 
and whether he, Mr. Randall did not receive such an account from Mr. Boulton ; he says 
he has no doubt it is so. Being asked as to the services specified in that account, he does 
not deny they were rendered, and does not remember whether he ever objected or not to any 
of the charges made. 

Mr. Boulton to Mr. Randall. 

York, 6th July, 1819. 

Sir, — From what has occurred, I suppose you do not wish me to advocate your two causes 
at the next Assizes : if that is the case, I should wish to know it immediately, as it will save me 



84 



PETITION— MACKENZIE, FOB IIANDALl's DEVISEES. 



aojrif tron])lc. Tndppd T nm not very nnxious to be the advocnti^ of a person who is so very 
'llibiTiil in his .sentiments, because T sliouhl expect (from the specimen in your f'jrmer letter,) 
that shoiihi all my eff'irts prove of no nvnil, you woiihl accuse me of not sufficiently exerting 
myself, ami allowing tlic other side, from improper moti\ C8, to obtain undue advantages. 

At all events, in order that I may not subject myself in future to the like treatment and 
similar observations, I shall expect the fee with my brief, to be advanced, which will preclude 
all misunderstandings. 

If possible to be jjrocured, yon should have the original note upon which the judgment in 
Mr. Clark's suit was obtained, ^'ou had better write to some of yom- friends in Montreal, to 
apply to the oHicer of the Court for it, who perhaps will give it up. 

Your obedient servant, 

H. J. BOULTON. 
To Robert Randall, Chippawa. 



r'^ii 



YonK, May 24<A, 1819. 

Sill, — I received your most extraordinary letter of the 17th instant, by Mr. Smith, which 
if there is any meaning at all to be given to it, is a very impertinent one, and such a one as 
I will not permit you or any other client to write to me with impunity. I would have you to 
understand, that I am not rendering you any professional assistance from what you may fancy 
popular reasons, and therefore any further than my duty to my client prompts me, I do not 
care a farthing about you. You gave me what I expected at the time, to be a security for 
£100 ; half for my own benefit, and the other for my father's. This security I find not 
worth half a dollar per acre, as there are no inhabitants in the Township. In addition to 
which, I have your note for i;2.'J due on the first of this month, both of which sums, with 
interest, amount to nearly £110, and the security T have, independent of your personal respon- 
sibility, is not sufficient to guarantee the payment of one half that sum : and as I am not look- 
ing to the result of your business, as you call it, for my payment, I insist upon having the 
money, long due to me for services already performed, paid or secured in a sufficient manner. 
Were you unable to do either, I should not perhaps expect or wish it, but in proportion as you 
oppose giving me what I have a ri[;;ht to, so in proportion shall I insist on it, as you can have 
no honorable or just reason for withholding it. If you will pay me down £50, so as to lessen the 
burthen u^ i the land, I will accept it, and let the remainder stand as it does, I return the 
cognovit for your signature, and patiently wait the return of the post. Mr. Jarvis, I fancy, 
will hand you this, v;ho will give you a receipt for any money you may pay him. You may 
be certain I shall not retract one farthing. 

Your obedient servant, 

H. J. BOULTON. 
Mr. Randall, Chippawa. 



Charles Fothergill, vs. Teter Bice, of the District of Newcastle. 

iWi Jithj, 1810.— Appearance entered, per Statute GO Geo. III. 

ViUh Juhj, do. — Affidavit of non residence of debtfyled with a demand of plea. 

17<A July, 1819.— Interlocutory .Fudgment fyled. 



GEORGE S. 



BOULTON, 

for PlaintiiF, 



Absalom Sommers vi. Thomas Pettit. 
VMU July, 1S20.— Appearance per Statute, entered by riaintifffor debt. 



PEinrON — MACKENZIE, FOR RAND.iLt's DEVISEES. 



s» 



' ^'^ so very 
I'KT letter ,) 
I'.v exerting 

■•tniciit and 
I" preclude 

^figment in 
fontreal, to 



fLTON. 



i. 1819. 

lith, which 
|h a one as 
've you to 
may fancy 
i I do not 
!curity for 
find uoi; 
''dition to 
"nis, with 
111 respon- 
notlooJi. 
having the 
t manner, 
on as you 
can have 
essen the 
Jturn the 
I fancy, 
I ou may 



2<'>th Juh/, 1820. — Affidavit of non residence sworn, and domnnd of pUn put up in the 
ofiice. 

'I'Mh Jiihi, do. — Interlocutory Judgment signed, for want of « plcii. 
Michiielmui Term. — Motion for new trial on paymrnt of costs refused. 
Verdict MM. 

W. W. IJ.VLDWIN, 

for riaintiff. 



Heron vi. Hewitt. 

KhIi Jaiinarj/, 1820. — Appenrnnce per Statute. 

2r)(h Janu/iri/, do. — Oemnnd of plea put up in the office. 

Affidavit of non residence allowed in i)ill of costs. 

31 A</ Jaiiuari/, do. — interlocutory .iiulgnient si(iiu^d. 

Notice of assessment of damages put up in the office. 



W. W. BALDWIN, 

fur said PlaintifF. 



Adam L. McNider and John Forsyth vs. John Clark, do. debt on bond, £1/jO. 

JOIIX C. KULINSON, 

for Plaintiff. 

li^th Jnnuarij, 1821.— Appearance per Statute. 

22/a^ Junuai-i/, do. — Interlocutory Judgment upon an affidavit of non- residence, and 
demand of plea, as apponrs by the bill of costs. 

2\th March, lb21. — Final Judgment signed without any rule to refer bond to the master 
or assessment of damages. 

I certify the above proceedings to be correct, as appears by the papers now in the Crown 
Office. 

■■•4 ■" JAMES E. SMALL, 

Deputy Clerk of the Crown. 



roN. 



I certify that the broken Lots, Nos. 10 and 11, in the 1st Concession on the River Rideau, 
in the Townrship of Nepcan, were given in the grant to ]?obort liandall, Ksquire, containing 
100 acres. ]!y the plan, they appear to contain somewhat more, that is to say, the broken 
Lot, No. 10, about 50, and the broken Lot No. 11, about 78 acres. 

THOMAS RIDOUT, 

Surveyor General- 
Surveyor Geneial's Office, York, ") 

14th February, 1828. J ■ 



lintiff. 



Towlwmifmdi/rnnrcrn. 

I Robert Randall, of the Township of Stamford, do swear that I truly and bona fide have 
;sucli a freehold estate situated in the following places : — the pliicc known by the r.ridgewater 
Works in the -waters of the Niii.^ara Hivcr, between tlic mouth of tlu; River W'ellai'd and the 
Great Falls in tlteTownsliip of .Stamford, J district of Niiigara ; fourfrair.edwcllin;^' houses, lUKlcr 
two Btories, with not more than two fue places ; twelve hundred acres of laud, being the 



..? :.££:: 



86 



PETITION— MAOKENZIS, FOB RANDALL'S DEVISEES. 



I 



North part of the Lots Nos. 16, 10, 17, 18, 19, and 20 on the South side of the River Wel- 
land in the Township of Wainflect, District of Niagara ; compensation allowance for the dea- 
tmction of the Bridgcwater Works in the late war with the United Htatcs of America, detained 
in the hands of this Government by my order, (four thousand pounds) ; seven hundrctl and 
twenty six acres of land, Lots Nos. 38, BO, and 40 in the first Conression from the Orand or 
Ottawa Uivcr, and the broken fronts of said Lots, in the Township of Nepcan, in the County of 
Carleton, District of Bathurst ; 4C0 acres of land, broken Lots Num. 10 and 11 in the 1st Con- 
cession ; Lot No. 11, and the Kastermost or front three fourths of Lot No. 10, in the 2nd Conces- 
sion, upon the River Rideau, Township of Nepean, County of Carleton, District of Bathurst; 
400 acres of land, Lots Nos. 1 1 and 12 in the 8th Concession of the Township of Matilda in the 
County of Dundas, ICastcrn District, 4<X) acres of Land, Lots Nos. 10 and 1 1 in the (Ith Conces- 
sion of the Township of Young, County of Leeds, District of Johnstown, over and above all 
incumbrances that may effect the same ; and am otherwise qualified according to the provi- 
sions of the law to be elected and returned a member of the Commons House of Assembly, ac- 
cording to the tenor and true meaning of the Act of Parliament in that behulf ; and that I 
have not obtained the same fraudulently for the purpose of enabling me to be returned Mem- 
ber to the Commons House of Assembly. So help my God. 

(Signed,) ROBERT RANDALL. 

Sworn before me at Stamford, in the County 
of Lincoln, in the District of Niagara, this 26th 
day of July, 1824. 

(Signed,) RICHARD LEONARD, 

Returning Officer, District of Niagara. 

I, Richard Leonard, Esq., Returning Officer for the County of Lincoln, in the District 
aforesaid, do certify, that on the 2Gth day of July inst., Robert Randall, of the Township of 
St mford, did duly make and subscribe before me, Returning Officer as aforesaid, the within 
written oath of eligibility. 

Given under my hand at Stamford, 
Slst day of July, 1824. 

(Signed,) RICHARD LEONARD, 

Returning Officer. 

I certify that the foregoing are true copies of the oath of eligibility of Robert Randall, 
Esq., and of the certificate of Richard Leonard, Esq., the Returning Officer now fyled of 
record in the Crown Office. 

In testimony whereof I L?ve hereto set my hand and affixed my seal of office, this 8th 
day of February, in the year of our Lord, 1828. 

JAMES E. SMALL, 
Deputy Clerk of the Crown. 



I 



Know all men, by these presents, that I, Robert Randall, of the 1 ovvT-Aip of Stamford, 
in the District of Niagara, gentleman, am held and firmly bound to Henry J^ihn Boulton, of 
the Town of York, in the Home District, Esq., in two hundred pounds oi' lawful money of 
Upper Canada, to be paid to the said Henry John Boulton, or his certain attorneys, execu- 
tors, administrators or assigns, for which payment, to be well and truly made, I bind myself, 
my heirs, executors and administrators, firmly by these presents, sealed with my seal, and 
dated the seventh day of July, in the year of our Lord, one thousand eight hundred and 
eighteen. 

Whereas, by an indenture bearing date the 17th March, 1817, the sp.id Robert Randall 
mortgaged unto the said Henry John Boulton, all that parcel or tract of land, situated, lying 
and being in the Township of Nepean, in the District of Johnstown, containing, by admea- 
surement, 200 acres, more or less, being Lot number 11, in the 1st Concession, (on the Ri- 



PBTinOH— MAOKIVZU, l^A RANDALL'S OlVISnfl. 



87 



fer Wei- 
J the dea- 
Idctained 
Irnl and 
lirand or 
lounty of 
■let Con- 
IC'onces- 
pathurst; 
Ja in the 

Conces* 
kboi^e all 
he provi- 
ably, ac- 
id that I 
pd Mem- 

ILL. 



(lean) of the said Township of Ncpean, which is more particulBrly dcHcribcd in the original 
grant from the Crown, of the said parcel or tract of land, to the said Itubvrt Randall, and 
which said indenture of mortgage is meant as a security for the due payment of the sum of 
£\(M) of lawful money of l^pper Canada, by the said liobcrt Randall, to the said Uenry 
John Boulton, with lawflil interest from the date hereof, and, whereas in the said indenture 
of mortgage, there ii not contained any covenant for the due payment of the said sum of 
£100, aa aforesaid, according to the true intent and meaning of the said parties, now tha 
condition of this obligation is such, that if the above boundcn Robert Randall, his heirs, execu- 
tors, or administrators, do and shall, well and truly, pay or cause to be paid unto the above 
named Henry John Boulton, his heirs, executors, or administrators, the fuU sum of £100, of 
lawful money aforesaid, with lawful interest for the same, from the 17th March, 1H17, on the 
Ist.daj of January, next ensuing the date of the al)ove written obligation, then this obliga- 
tion shall be void, otherwise the same shall remain in full force. 



ROBERT RANDALL, 



Sealed and delivered in the presence of 



JAMES BOULTON. 
G. S. BOULTON. 



fagara. 

District 
mship of 
>e within 



RD, 
)fficer. 

RandaU, 
fyled of 

this 8th 

,L, 
■own. 



imford, 
ton, of 
)ney of 
Execu- 
nyself, 
1, and 
d and 

andall 

lying 

imea- 

leBi. 



{Copt/ of the Promitortf Note.) 

For value received I promise to pay Henry John Boulton, Esq. or order, the sum of 
twenty-five pounds seventeenth October, 1818 — payable 1st May next, 

B. RANDALL. 

I certify that the preceding paper writing contains true copies of a bond and a promis- 
sory note, fyled of record in the Crown Office, in the cause of Henry J. Boulton, Esquire, 
against Robert RandaU. 

In testimony whereof, I have hereto set my Hand and affixed my Seal of Office, tlua 
seventh day of February, 1828. 

JAMES E. SMALL 
Deputy Clerk of the Crown. 



No. 8. 

A list of property on which Robert Randall declares his eligibility as a Candidate to be 
returned to the Commons House of Assembly as a Representative. 

The place known as Bridgewater Works, on the waters of the Niagara River, between 
the mouth of the River Welland and the great Falls, in the Township of Stamford, district of 
Niagara. 

4 Frame dwelling houses under two stories, with not more than two fire-places 
each £36 ,"■& 140 

1,200 Acres of land, being the north part of the Lots, Numbers 16, 16, 17, 18, 
19 and 20, on the south side of the river Welland, in the Township of Wainfleet, Dis- 
trict of Niagara 240 

Compensation allowed for the destruction of the Bridgewater Works in the late 
War with the United States of America, detained in the hands of this Government by 
my order £4,00 » 

776 acres of land. Lots No. 38, 39 and 40, in the Ist Concession from the Grand 
or Ottawa River, and the broken fronts of said Lots in the Township of Nepean, Coun- 
ty of Carleton, District of Bathurst ^^ 



It ■ 



38 



I'DIITJON. — JJACKEXZIE, FOli RANDALL's DEVISEES. 



4.7' acrrs of Inml, broken T.ots, Xo. 10 nnr'. 11. 1st Tonccssion Lot \o.^ 11, and 
the Kusteriimost or frant thrce-foiirthi ot Lot Xo. 10, in the secoiul concession npou 
the lUvcr rideiui. Ttwn.sliij) , i' Xepcan, County of C'arlcton. Di.sfrict of IJathurst SlU 

400 acres of land, Lot.s Xo. 1 1 and 12, in tlic eighth Concession of tlic mship 
of Matilda, County of Ihmdns, Eastern District 80 

400 acres of land, liOts Xo. 10 and 11, sixth Concession of the Township of 
Yongo, County of Leeds, l>istrictof Johnstown 80 

'J'otalj 322''> acres assessable property — amount o*' rates, £7S(i 



HODERT RANDALL 



i-' ' ' 



!i « 



Chippawa, July 2f;t:i, 1S21. 



1 certify tliat tlie paper uritinj:; marked Xo. 1 . hereto anncNed, is a correct statement of 
the proctedings in tlie cause wherein Jlenry John Doidton, Ivsquire, is Plaintiff, and IJobert 
Randall. i;M(uirc. is Defendant; and also that the paper writiniij marked X'^o. 2, also hereto 
annexed, contains true copies of the appearance paper, affidavit .jf non-residence, and demand 
of plea— and tlie interlocutory jnilgment paper, with their several indorsements fyled of record 
in the Crown Ufiice in the abovcsaid cause. 

In testimony whereof, I have hereto set my Hand and affixed my Seal of Office, this first 
day of Aiigiist, in ihe Year of Our Lord one thov and eight hundred and twenty-eight. 

JAIMES E. SMALTi, [o. r.] 

Deputy Clerk of the Crown. 



Xo. 1. 
In the Kixr/s Bench. 

Ileiiri/ John Bonlton, Plaintiff, "1 This action was commenced by a Writ of Summons 
• vi. Vin a plea of debt, issued from the Crown Office at York, 

Robert Randoll, Defendant-. ) in the Home District, on the thirty-first day of May, 
1810, returnable the first day of Trinity Term, Ibl!). being the fifth day of July of that year. 
This summons, with tlie declaration a.mexed, was fyled in the said Crown Office on the 13th 
day of July, Islll, with an affidavit made by i^anuiel P. Jarvis, before Thomas Dickson, on 
the 24th day of dune, 181!), stating that the same was served on the Defendant by the Depo- 
nent, on tlie 22nd day of June, of the same year. On the said llith day of June, 181!), an 
apjicaranco for said Ui'fendant in said cause was entered hi said otrice liy said Plaintiff, and 
on tlic same day a' ilfidavit made, on tl.j IShh day of July, 181!), before John Hmall, Clerk 
of the < rown. by tlic pre.ent Honorable James 1). jMacauiay, then a student at law with the 
said iiec.i-y John liouitoa, stating that the place of residence of the Defendant, in the Uome 
District, m'us unknown to the Deponent, and also a demand of plea were fyled in the Crown 
Office. On the ITtli day of July, Is]!), interlocutory judgment was signed, and final judg- 
ment entered for tvo hundred and twenty-five poiuids debt, and five pounds three shillings 
and eight pence daniajits and costs, amounting altogether to the sum of t" w hundred and 
thirty ])oinid«. On tlic fifVli of ()cto")c:", ISI!). a Writ <>[ fieri far his. against tlic goods and 
chattels of the Dcfciiila-it nas issued upon a pnecip'j fyled by the Plaintitt", direcicd to the 
Sheriff of the llonic l)istrict, returnable on the first u;v. of I\Iicha;huas Term followi:'g, being 
the first day of Xovembcr, 181!). This execution, wi'li a retnru of nnUa bond, by the Sheriff 
of 1 lie ir^nne District, was fyled in the sai^I Crown Ofl'ce on the return day, and on the same 
day a \\\\\ of ffri _/*■■ /'m ag.iiiut tlic 1 defendant's '"•n.ds and tenements was issued, (upon a 
pvivcipc fyled b_\ the I'lainlifl',) d'rcctcd to the ^herilFot the Johnstown l)i^trict, and retum- 
i!)lc the last (lay of .^'icliiclma ; Term, 1820. which Writ svas fyled in tlie said of)!ce, o.i the 
ITth ilay of .March, 182o, with tin- following return by the Sheriff of the Jo'^nstown District 



I 



PETITION — MACKENZIE, FOR RANDALL's DEVISEES. 



ffO 



V>y virtue of the Writ to me directeil, I Lave caused to be mmle by the jjublic sale of the 
lands and tenements of th(> within named Defendant, lujhert l^anda!!, tliat is to sa}', I^ct number 
forty, in tlto first Concession of Xopr-an, in the Johnstown District, together with its broken 
front, in front thereof, on tlic Ottawa or (Jrand Uiscr, the debt and dama^^es tlierei-i mentioned, 
v.'hicli I have ready before the Lord tlie Kin^, to be rendered to the said Henry -lolin l!o' '.Ion, 
for his debt and damages aforcs".id, as within 1 am commauded. 



I 



(Signed,) 



JOHN 3TL'AUT, 
Sheriff, District of Johnstown. 



No. 2. 
In the KiNci's Bench. 

Trinity 5'J Geo. III. 
Henri/ J. Boulton ona, &c. ^ The Plaintiff appears for the Defendant in this case 
vi. > according to the Statute. 

Robert Randall. ) 

H. J. BOULTON, 

In person. 



Indorsed on the above. 



In B. R. 
Boulton, ) 

vs. > Appeared. 
Randall. } 

Fyled 13th July, 1810. 



J. s:\iALL, a a 

H. J. BOUDTON. 



In thh Kino's Bench. 



IT. J. Boulton, one, &c. ") The Plainti 

v$. >ant by 

Robert Randall, J 



Trini;y Term, 69, Geo. III. 
ntiff deniands a plea in the cause from the Defend- 



Yours, ifec. 



To Robert Randall, \ 



H. J. BOULTON, 

Plaintiff in person. 



The above Defendant. 

James B. INIacaulay, of the Town of York, gentleman, nuiketh oath and saith, that the 
above named Defendant, llobert Randall's place of residence, in the ITome District, is not 
known to this Deponent. 

J. B. jMACAULAY. 



Sworn before nj'i this 13th day of July, 1819. 
Entered 18th July, 181?. 



J. SMALL, 

Clerk of the Crovn. 
J. SMALL. . , .^ • 






Indorsement on the above. 



\f i» 



40 



PBTITION- 



-MACKENZIE, FOR RANDALL*S DEVISEES. 



n. J. Boulto-1, \ 
Robert Randall. J 
Affidavit of non residence and demand ofpleafyled 13th July, 1819. 

J. SMALL, C. C. 

H. J. BOULTON. 



Senry John Boulton, 
Robert Randall. 



17th July, 1819. 



} 



In the King's Bench. 

Trinity Term, 69 Geo. III. 
The Plaintiff signs Judgment in this cause by default for 
want of a plea. 

H. J. BOULTON, 

Plaintitf. 



Indorsed on above. 



In B. B 

H. J. Boulton 

vs. 
Robert Randall. 
Interlocutory Judgment fyled 17th July, 1819. 



..} 



Trinity Term, 69, Geo. IIL 



J. SMALL, C. a 
H. J. BOULTON, 

Plaintiff in person. 



!Janada, ^ 
iistric y 
wit: J 



No. 10. 



George 'he Third, by the grace of God, of the United Kingdom of 
Great Britain and Ireland, King, Defender of the Faith. 



Upper Canada, 
Home Di 
To wit 

To the Sheriff of the Home District, greeting 
(L. 8.) We command you that you cause to be levied of the goods and chattels in your 
District, of Robert Randall, as well a certain debt of two hundred and twenty -five pounds, 
which Henry John Boulton lately in our Court before us at York, recovered against hin?, as 
also five pounds three shillings and eight pence, which in our same Court before us were 
awarded to the said Henry John Boultuu, for his damages which he had sustained, as well by 
occasion of the detaining the said debt, as for his costs and charges by him laid out about his 
suit on that behalf, whereof the wid Robert Randall convicted as appears to us of record, and 
have you that money before us at York, on the first day of Michaelmas Term next, to render to 
the said Henry John Boulton, for his debt and damages aforesaid, and have there and then this 
Writ. Witness the Honourable William Dummer Powell, 0. J., the seventeenth day of 
July, in the fifty-ninth year of our Reign. 

JOHN SMALL, 

Clerk of the Crown. 
H. J. BOULTON, 
In person. 



H* 



Indorsement on the above. 



ff. J. Boulton, 

vs. 
Robert Randall, 

Fi. Fa. 

Beturo and ^yled 1st Nov. 1819. 



Nulla Bona. 
The auswer of 

SAMUEL BIDOUT, 
Sheriff. 

J. SMALL, 0. 0. 



ria person. 
Kingdom of 



itteU in your 
•five pounds, 
Eunst him, as 
fore us were 
d, as well by 
out about liis 
if record, and 
, to render to 
and then tlus 
;eenth day of 

LL, 

of the Crown. 



anauu, . Britain auu x. — , 

,^ _istrict, &c. I Grea ^.^,^^,^ 

8) TotheShenftofthaJohni ttat of the goods and 

Lsaforesaid. fnd th^ ^^eturned to m 



Novew 



net 



In person. 




-?^!.«iil 



MDOUT, 

Sheriff. 



./the'wiU'fi.fc.'^-^-y'"''^?L 8T0ABT, Sheriff. 
B^eived the amount of t^e witmn ^^^ ^^^trict Johnstown. 



lLL, 0. 0. 



42 



PKTITION— MACKENZIE, FOR EANDALL'S DEVTSEE3. 



Boulton V9. Randall— f\. fa : 

Lands and Tenements, 

Fylcd and returned 17th March, 1825, 



J. SxMALL, 0. 0. 



Received the 13th Nov. 1819. 

JOHN STUATIT, Sheriff, 

Johnstown District. 

2 Deeds £2 ('. 8 

Poundage 3 4 

Kcturuiug Writ , 3 8 

£5 13 4 



I certify thiit the foregoing aie true copies of tlie fieri facias against tlie goods and cliat- 
tels of llobert Randall, Esq., and also of the fieri facias against the lands and tenements of 
the said Robert Randall, Esq. with the ncveral indorsements thercop at the suit of llcnry 
John Boulto 1, now filed of record in the Crown Office. 

In testimony whereof I have hereunto set my hand and affixed my seal of office, the ninth day 
of August, one thousand-eight hundred and twc *v eight, and in the ninth year of llis 
Majesty's Reign. 

V. ' "^iES C. SMALL, G. R. 



No. 11. 



Sheriff's return on a writ of fi. fa. against the lands of Robert Randall, Esq., at the suit of 
Th. mas Clark. 

Issued 15th February, 1821 — returned and fyled in the Crown Office — 17th March, 1826. 



By virtue of the within writ, I seized and took into my hands and possession on the first 
day of April, 1821, the lands and tenements of the within named Robert Randall, in Ncpean 
snd Yonge, in the District of Johnstown, and have exposed a part of that to public sale, and 
have sold a part thereof at such sale to the value of £32 1^, and the residue of said lands 
and tenements still remain in my hands for want of buyers. 

JOHN STUART, Sheriff, 

District Johnstown. 
Levy indorsed on writ, £484 4 10, besides Sheriff's fees, &c. 

Sheriff's return on a writ of fi. fa. against the lands of Robert Randall, Esq., at the suit of 
Thomas Clark, Esq., issued 17th January, 1830, and fyled in the Crown Office, 7th Sept., 1825. 



By virtue of the writ hereunto annexed, I have caused to be made of the lands and tene- 
ments of the within named Robert Randall, the sum of thirty-three pounds eleven shillings 
and four pence, which money I have ready before the Lord the King at the day and place 
within contained, to render to the within named Thomas Clark, in part of his damage within 
mentioned, and I further certify that the said Robert Randall has not any other or more lands 
and tenements in 'my District, whereof I can cause to be made the residue of the damages 
fkforesaid. 

The answer of 

RICHARD LEONARD, 

Sheriff. 
PETER T. PAWLING, 

Deputy Sheriff. 



PETITION — MACKIKZIB, TOR RANDALL'B DEVISEES. 



48 



0. 



briff, 

listrict. 

8 


8 



R. 



No. 12. 

Whereas Hobert Ilandall has by Petition, complained that he has suffered great loss and 
injustice under a Judgment ohtuined against hinj in the Court of King's Hench, in this Pro- 
vince, by Henry John iioulton, I'lsquire, His Rlujesty's Solicitor (Jeneral, whicli Judgment tho 
Petitioner alleges was obtained against the rules of law and equity ; and whereas adequate 
relief cannot be afforded by the said Court of King's r>cnch, and it is therefore expedient 
that 'an inquiry should be made into the wrongs alleged, and right be caused to be done, if 
upon due mquiry under oath it shall be made to appear that such great injustice has been 
done. Ite it therefore enacted by the King's Most Excellent Majesty, &c., that it shall and 
may be lawful for the Honorable John Walpolc Willis, one of 1 lis Majesty's Justices of the Court 
of King's Bench, in and for the Province of Uj)pcr (hnadn, under and by virtue of this Act at 
York in the Home District, to inquire into the truth of the statements in the said Petition 
set forth, and for the purj)ose of that inquiry, it shall and may be lawful for the said I lonor- 
ablc John VValpole Willis, in the presence of the parties or their Attorneys, or such of them as 
shall after due notice appear, to summon and examine upon oath all witnesses deemed necc»- 
sary for the nttainment of justice between the parties, and to enable the said Honorable John 
Walpolc W .lis to inform his Judgment in making his decree or decrees as hereinafter men- 
tioned, and any person convicted of wilful fulse swearing before the said Honorable John 
Walpole Willis under this Act, shall be liable to the same punishment .is if now inflicted by 
the laws of this Province upon persons guilty of perjury. 

And be it &c,, That the aforesaid matter shall be heard and determined, and the #it- 
ncBsrs examined in an open (.'ourt, whereinto all His Majesty's subjects shall have free access. 
Provided always, that it shall and nuiy be lawful fur the said Honorable John Walpolc WiUi* 
to commit any person for a contempt of the Court for a period not exceeding one month, and 
to fine such person a sum not exceeding fifty pounds. 

And be it &c., Thot it shall and may be lawful for the said Honorable John Walpole 
Willis, having heard the said Petitioner and the said Henry John Doulton, cr I such other 
persons as he the said Honorable John Walpole Willis shall summon, or sucu of them aa 
shall appear after due notice, to make such decree or decrees for either the confirmation or the 
reversal of the said judgment and of the proceedings had thereupon, (and of any sales of land 
heretofore made under and by virtue of the said judgment as he, the said Honorable John 
Walpolc Willis, shall deem necessary for the doing of justice between all parties interested in 
the matter. 

And be it Ac., That any decree made by the said Honorable John Walpole Willis, 
under and by virtue of this Act, shall be obligatory and binding upon the person against whom 
or in whose favor the same shall be made, and if any person against whom or in whose favor 
any decree shall be made, shall neglect or refuse to comply therewith, it shall and may be 
lawful for any person interested in such decree to have the same registered, which decree so 
registered shall have the same virtue and effect as if the said decree bad been literally obeyed. 

And be it lurther enacted, &c.. That every decree made by the said Honorable John 
Walpole Willis, shall be under his hand and seal, attested by two witnesses, and made on or 
before the first day ol January, 1829. 

And be it further enacted, Ac, That upon the production of any decree aforesaid, and 
a copy thereof to the Register of any County or Riding in this Province, in whose County or 
Riding tlie land in the said decree mentioned shall lie, and upon an affidavit made before such 
Register or his Deputy, or any Commissioner of the King's IJench for taking affidavits, of the 
due execution of tlie said decree or decrees before such Register, it shall and may be lawfUl 
for him to register the said decree in his office, and to fylc a copy thereof, and for such registry 
and fyling to demand and receive the sum of one pound. 

And be it further enacted, &c., That it shall and may be lawful for the said Honorable John 
Walpole Willis to award against cither of the parties such costs and charges as he shall deem 
right and just, and for the recovery of which costs and charges so awarded, it shiU and majr 
be lawful for the party mterested to proceed by action of debt in any Court of Record in this 
Province. 



:>*;* 



44 



PfiTrnON—MACKENZIE, POE TAOTALL^S DEVISEES. 



Yeah— Beardsley, Beasley, Clark, Fothergill, Hamilton, Horner, McBride, McCall, 
Perry, Thompson tf York, Thompson of Frontenac, Walsh, Wilkinson, and Wilson, — 14. 

Nays — Illessrs. Attorney General, Bumham, Cameron, Coleman, D. Jones, J. Jones, 
McDonnell of Trescott and Russel, McDonell of (jliengary, McLean, Morris, ScoUick and 
Vankoughnet, — 12. 

York, VMh July, 1829. 

Siu, — An action of ejectment is brought by Mr. Sherwood against one Firth, who is in 
possession of part of the Lot at Point Ncpean, on the Ottawa Kiver, which you complain has 
been illegally sold under an execution against you. I am defending the action, and have 
instructed Mi. Radenhurst of Perth, to manage the defence at the trial. If the sale was 
illegal, for any cause stated by you, and more particularly for want of being fairly advertised, 
you have now an opportunity to take the opinion of the Court upon it, by enabling Firth to 
iirgc X\xi*. objection against the Plaintiff's title. 

The Assizes for Perth commence on the 18th August. Any evidence you can furnish on 
the subject, or any professional assistance which you may desire to engage, Mr. Badcnhurst 
will willingly avail himself of 

I am, Sir, 

Your obedient svrvant, 



JOHN B. ROBINSON. 



Robert Randall, Esquire. 



'M 



it 
4. 



No. 14. 

Perth, 23rd Augwt, 1828. 

Robert Randall, Esquire. 

Dear Sir, — I received your several letters with the documents enclosed, respecting the 
suit of Doe ;■ dem Sherwood vi. Frith and Berrie, for part of the land formerly your property 
at Nepean Point. Man;' of the papers you sent were entirely useless, as the Judge would not 
permit evidence to shew how the judgment in Boulton's suit was obtained. Nor could I, in 
addressing the Jury (as you wished,) allude to that circumstance, but was entirely confined 
to what was put in evidence by the Plaintiff, viz : the judgment, executions and sale, and even 
in this I was once or twice interrupted by the opposite Counsel, and censured by the Court, 
for what they considered exceeding my bounds. 

I obj ^ced, as yon requested I should, to the trial proceeding at all, which the Judge paid 
no attention to, as he considered it was casting a censure on the conduct of the Court of King's 
Bench, which he could not listen to. The Plaintiff did not produce liny notice of the sale 
whatever, nor show that any such was given previous to the'sale taking place. Upon this and 
some other ]>ointi;, I moved for a non suit, and the Judge reserved the points. We were also 
anxious to snew that Colonel By required the property for the Gfovemment use, for the pur- 
poses of the Ri'?au Canal ; this evidence the Judge refused receiving. Di &ct, he seemed 
unwilling that any point that could operate in yours or the tenants' favdur should go to 
the Jury ; and w^ the Jury at that Assize were persons little acquainted with their duty or 
vitJi Courts of Law, they implicitly followed the directiong of the Court, which in this case was 
for the Plaintiff, and gave a verdict accordinjgly. 

I remain, 

Your obe^ent servant, 

THOS. RADENHUHST. 



McCall, 
-14. 

Jones, 
lick aod 



1829. 

rho is in 
^lain has 
id have 
Kle was 
I'ertised, 
iFirth to 



PETIinON— MAOKXNZIB, FOR BAKDALL'S DEVISEES. 



4h 



No. 16. 

TOWN OP BHKKWOOU. 

Inconsequence of the decision of the Court of King's Bench, held at Perth, on the 20tU 
instant, proving the subscriber's indisputable title to that valuable tract of land, in the 
Township of Nepean, formerly known by the name of the Richmond Landing (at present the 
town of Sherwoood) and adjoining to Bytown. lleports, prejudicial to the title of said land, 
having been maliciously circulated by a personage of high rauk and rcponsibility, have here- 
tofore prevented the subscriber from disposing of £»iid land. The situation is most beautiful 
and salubrious, being on the south side of the Chaudiere Falls, with the Grand Union Bridge 
abutting on the centre of the front and leading through the main street. It is replete with 
mill sites, and for commerce no situation on the lliver Ottawa can equal it. The subscriber 
is determined as much as possible to confine his sales to persons of respectability. 



J.'HN LE BRETON. 



Britannia, Ottawa Kiver, 

2Cth August, 1828. 



Unios Hotkl, 

Chatidieke, UrPEB Bytown. 

Firth and Berrie beg to make their most grateful acknowledgments for the very liberal 
patronage and s ipport they have received from their friends and the public, for the long period 
of nine years, of which it will be their earnest study to merit a continuation, by contributing 
to the utmost of their means and power, to the comfort and accommodation of those who iavor 
them with their countenance and support. 

The romantic and highly picturesque situation of the Union Hotel, which commands a 
most interesting view of the mountains and scenery in the vicinity of Hull — the islands and 
banks of the noble Ottawa— the magnificent Falls of the Chaudiere, over which bridges are 
now about completed ; and the works and improvements in Upper Bytown will render this 
place a delightful retreat either to the delicate, invalid, or scientific tourist. 

The accommodations will be of a superior kind ; the table will be furnished with the 
choicest viands that the season and the situation of the country will afford, and the wines and 
liquors will be of the best quality that can be procured, either at Bytown or from the most 
respectable dealers in Montreal. 

Bytown, Ist September, 1828. 



No. 16. 



Lot No, 40, in the first concession of the Township of Nepean, with its broken front 
was sold by Sheriff's sale, on the eleventh day of December, 1820, at the suit of Henry 
John Boulton, Esq., and purchased by John LeBreton, Esq., for the sum of £449 cunency. 

A. M'MILLAN, 
Deputy Ileg^ter. 



No. 17. 



The Lots Nos. 88 and 40 on the Ottawa, and No. 10 on the River Rideau, were all sold 
by the BhcriT s order in the Court House, Brec' viUe, and purchased by L. P. Sherwood, Esq. 

R. SHERWOOD. 



\ 



46 



PETITION— MACKENZIE, lOR BANDALL'S DEVISEES, 



PLAN. 



Please call on Captain Collins, near the mouth of the Jock, on the Rideau, and he will 
Bhew Major ItanduU the front of Lot Nos, 10 and 11 drawn by him. 

Major Patte-,1, ^- ^• 

llegister Office, Prescott. 



No. 18. 



Beoibtgr Office for the Counties of Leeds, 

CrKENVILLE AND CAnLKTON. 

Elizabethtown, Hth February, 1811. 

I hereby certify that no memorial of any deed, conveyance, or other incumbrance from 
Robert Randall, to any person whatever, appearr, registered in the Books of this office affect- 
ing the following parcels of land, that is to say, Lots Nos. 10 and 11 in the sixth concession of 
Yonge, broken Lots, Nos. 10 and 11, in the first concession of Nepean, Lot No. 11 in the se- 
cond, and the easternmost, or front, three-fourths of Lot No. 10 in the second concession of 
Nepean. 

LEVIUS P. SHERWOOD. 

Register.. 



No. 19. 



(Copy.) 



CoRNWALt, Bth October, 1807. 



Dear Sm, — I enclose you two petitions, one for two hundred acres of land, agreeable to 
the regulation of the Province, providing for settlers ; also one for a lease of Lot No. 39, in the 
first coiccssion (or) front of the Ottawa River, opposite to the Falls, known by the name of 
the Chaudicire, in the Township of Nepean, a short distance above the mouth of the River 
Rideau. The petition for two hundred acres, as a settler, I have left a blank for you to fill 
up, agreeable to the instructions hereby given. If No. 39 is a reserved Lot, as I presume it - 
is, and if there be a broken front, which I also think there is, and likewise a broken front to 
Lot No. 38, lying adjoining No. 39, on the upper side, and should there also be a broken front 
on No. 40, adjoining No. 39 on the lower side — provided those fronts will be sufficient to 
fill my claim for two hundred acres, you will please to lay my petition upon the said broken 
fronts, comprehending all water privileges as far as the channel of the Ottawa or Grand Ri- 
ver, including all lands between the channel of said River and the banks of the main, firom the 
west line of Lot No. 39, running ten chains below the East line of Lot No. 40. 

This, Sir, requires an explanation. There are four small islands at or near the Chau- 
di^re Falls, which lay so situated as to make them actually necessary to be procured for the 

fmrpose I have in view, which is to extend a dam, from the main bank to the upper islands, 
ying at the Falls, and taking the water between the main and said islands, for the purpose of 
a grist and saw mill. The Ottawa River is very narrow at the Chaudi^re Falls, therefore you 
will find the distance to be but short, from the main to the channel of the river, and the 
quantity of acres which those islands contain cannot exceed 20, but government not having it 
in their power to grant islands, makes it necessary to apply in this way, as government can 
make a grant in this way that will be as effectual as if the islands were expressed in the deeds, 
but should the broken fronts of Lots Nos. 38, 39 and 40 not be sufficient to fill my claim, you 
will please to lay the claim upon the broken front, let there be what quantity there may, and 
let my petition lay open for tiie deficiency to be laid in some other place. Provided that Lot 



PETTnOK— MACKENZIE, FOR RANDAIL'S DEVISEES, 



47 



Leeds, 



No. 39 should not be reserved for the clergy, and that Lots Nos. 38 and 40 should not be granted ; 
please to ltt> my claim upon as much of the fronts as the same will cover, comprehending the 
privileges of the waters of the river, and bound by the channel of said river ns already de- 
scribed, provided there should not be broiien fronts to the aforesaid Lots, and that 38 and 40 
have already been granted, and shcald No. 39 be reserved for the benefit of the Crown, en- 
deavor to prevail on government to allow my claim to cover it ; with the privilege of said 
waters and islands as described. But should Government not allow my claim to cover No. 
39, and should the said Nos. 38 and 40 be already granted, as likewise there may not be any 
broken fronts ; in that case take out a lease for mc for No. 39, and endeavor to get a grant 
from the bank of the west line of No. 39, running to the channel of the river, ten chains below 
the east line of Lot No. 40, to the main bank including all lands, which is tliose small islands. 1 
have enclosed my bond together with my bondsmen, for the annual payment of the lease ; you 
will also call upon Captain Farquharson for my letter directed to Thomas B. Gauf, Esquire, 
who Mr. Chewitt says, was at New York, and had not returned when he left home. You will 
get Captain Farquharson to open my letter favored by Mr. Bums to Mr. Gauf, in order that 
you may get my certificate as having taken the oaths required by Government. Should 
Captain Farquharson not be in possession of my letter to Mr. (tauf, please to coll on Mr. 
Burns, (I think his christian name is William,) I had the pleasure to see him at Cornwall on 
his way from Quebec to York, on the 8th July lost. I enclose you a guinea, and, as I am 
informed that most of the landed business sent to your core is conducted through the different 
ofHces by your son, and further reasonable charge he may make shall be cheerfully paid by a 
draft at sight, or otherwise, in favor of any person in Cornwall. As Government i-. knowing to 
my arduous undertaking at the Bridgewater Works, near the Falls of Niagp-,., and my per- 
severance in this kind of business, I flatter myself the Governor in C'-u..i;il will be disposed 
to encourage me all in their power in commencing business at the Chaudi^rc Falls, on the 
Ottawa River ; It will be the means of settling the wild lands on that River, that is at this 
present a perfect wilderness, not one settler inhabiting the country ; it will be the means of 
settling the lands upon that '"ne of the Province, which I conceive to be much required. 
The fees required in getting out my patent, if in your power to procure one, I shall pay to 
your order m Cornwall on demand. You will greatly oblige me to hasten the business as 
much as in your power, and forward the deed and lease by the first safe opportunity that may 
offer, as I am very anxious to get out my timber and build my Jam before the freezing of the 
waters. 

I fully expected my letter would have found my friend, Mr. Gauf, in York, on Mr. 
Bumes' arrival, and expected at all events to have heard from my business by you when last 
down at Cornwall Court, at my return from Quebec. The acquaintance which I have had 
the honor to have with you, makes me trust you will use your interest for me. You can 
observe to the Governor, that the Parish of Cornwall must also feel itself under a small com- 
pliment, for having built the Church. 

Relying upon your usual goodness, 
I subscribe myself, 

Your most obedient and humble servant, 



(Signed,) 



ROBERT RANDALL. 



D'Arcy Boulton, Esquire. 



No. 20. 

Dear Sib, — I enclose you a draft drawn by Mr. Chewitt, on the Receiver General at 
York, for £2 98. 6d., Halifax Currency, which you will please to apply towards the payment 
of the fees, should a grant for 200 acres of land be made to me by Government ; but should 
Mr. Gauf have returned from New York, and has laid my memorial before the Governor in 
Council, you •will please to give the enclosed draft to him for the aforesaid purpose. Mr. 
Chewitt leaves this place much later than I expected. Should my business be done through 
you or Mr. Gauf, you will be very obli^g by writing me immediately what Government is 



48 



rKTTTION — MACKEKZIB, FOR EANDALL'S DBVISEKS. 



likely to Jo ; but should you obtain the lease and grant, I will acknowledge it a great favor 
to have them sent to me as quick as possible, as I am very desirous to build a house at the 
place before the winter sets in, in order that I may be preparing timber, and making necessary 
arrangemcntii for my works. 

I am, Bir, 

\Nith great respect. 

Your humble servant, 

(Signed,) ROBERT RANDALL. 

D'Arcy Boulton, Esquire. 

P. S. bhoidd 38 and 40 be granted, please for to write me in whose name thty ore 
granted. 



No. 21. 

York, July 2nd, 1808. 

Dear Sin, — I am sorry to inform you that Lots Nos. 38 and 40, first Concession, on the 
Ottawa, were both taken up. No. 40 by Epr. Jones, Esquire, and 38 by Mrs, Jessup, four 
or five years ago. No. oil is a reserve, and you are the first applicant. I this day endea- 
vored to get it tlirough the Council ; but when it was referred to the Surveyor lieneral to 
report what sort of timber was on it, they would mt say, so you will be so goou as to get some 
respectable man to look at the land and make oath before a Magistrate vhat the timber is, or 
get a Slagiitrate to certify it. 

We wrote you before, but we supposed the letter miscarried, now we resume our old 
one. 

I have the honor to be, 
Sir, 
Your most obedient servant, 

H. J. BOULTON. 

I suppose you do not wish now to have your Petition presented, as cannot get the Lots 
you wished. ^ly father is of opinion you may run your dam across to the Island without any 
apprehension of being disturbed. 

H. J. B. 



No. 22. 



Cornwall, July 23rd[, 1808. 



Sir, — I received a letter from your son, H. Boulton, dated July 2nd, informing me that 
Lots Nos. 38 and 40, first Concession, on the Ottawa River, in Township of Nepean, are 
granted, and that some requisites are required before a lease can be taken for No. 39. But 
his saying nothing respecting the broken fronts adjoining to those numbers, which was the 
land I wished you to apply for, and to cover them by my claim should they not be granted, 
makes me suppose you have not understood the tenor of my letter ; I have therefore empow- 
ered my friend Mr. Rudsdell to act for me, in the business ; any assistance you can give him, 
will greatly oblige me. You will please to furnish him with my writings committed to your 



eare. 



lam 



your bumUs servant, 



D'Arcy Boulton, Esquire. 



ROBERT EANDAIiL. 



m 



PETITION — MACKENZIE, FOU RANDALL's DEVISEES. 



49 



nt fiiTor 
at the 

pcessary 



pALL. 
itht^ are 



1808. 



! our old 



No. 23. 

Mr. UanduH's instructions to Jlr. Uudsdell, ia behalf of the bu«inos» committed to hin care 
at York. 

Mr. IludsJcll will please call at the Exfcutive Council Office ns soon as he may arrive at 
York, nud inquire of the Clerks whether a I'etition has been laid before the Council in behalf 
of Robert Itandall for 2'K) acres of laud, nj^rcealilc to the regidations providing for settlers, 
and if so, whether ihc same has been acted upon, and what the decision was. Should Mr. 
Rudsdell find there has not been u.i iipplication made to the Executive Council in behalf of 
Mr. Randall, in that case, he will hand in the I'etition whieli he holds, to the Clerk of the 
Council, and be;; of the Cloik to inmiediately lay the I'etition before the t'oiuicil, and when 
the Council shall have granted the prayer of the I'etition, ]\Tr. Uudsdell will please to take 
the order from the Council Chand)er to "the .Surveyor (Jcnunil's Office, then recpiest the Sur- 
veyor General to lay the diagram of the Township of Ncpcan before him, and examine the 
broken fronts adjoining Lots Nos. 38, 3!), and lO, bounded by the waters of fhcCraud Itiver 
at or near the Chaudit'rc Falls, and mark the letter U on the said three broken fronts, then 
lay the order of Council on the said three broken fronts, producing his power of .\ttorney to 
the Executive Council as well as to the Surveyor (Jeueral, as being legally authorized to act 
for and in behalf of .^Ir. Randall. Shoidd the Surveyor Oeneral object to his laying the order 
on the said broken fronts, Mr. Uudsdell will inquire how long it has been since they were 
granted and in whose name, — shoidd he be answered in the name of Ephraim Jones, the 
Clergy of Upper Canada and Mrs. .Icssup, Jlr. Rudsdell in that case will please to call at the 
office of the Secretary of the I'rovincc, and there examine the lines of the grants made of 
Lots Nos. 38 and 40, and see whether tlie (Jovernment has granted the said broken fronts 
with the Lots Nos. 38 and 40, but shoidd tlie .«aid broken fronts be applied for by any other 
person, Mr. Rudsdell will please to know the date of the application, and if the application 
has been since the date of Mr. Randall's letter to Mr. lioulton, Jlr. Rudsdell will then ascer- 
tain why Mr. Boulton has let my Petition lay over to be superseded by another claim, and 
should he discover that Mr. Boulton may have acted with interested views, he will then 
remonstrate to the Governor and show my instructions and Petitions committed to the care 
of Mr, Boulton. Mr. Rudsdell will explain to the Governor the suspense I have been kept in, 
and my object for wishing my claim to cover the said broken front, and that my views are to 
erect Water \\'orks, such as Cirist and Saw Mills, and a Forge for making Iron ; that I have 
purchased from the Oovcniment of Lower Canada, lands opposite to the said broken fronts 
the distance of four miles, containing an extensive body of the best and richest Iron Ore ; and 
as the said broken fronts are bounded by the waters at or near the Chaudiere Falls, which 
admits of a situation for erecting such works, and that the lands lying between said Grand 
River to the River St. Lawrence, admit of settlement, which is not the case a distance of five 
miles in rear said River on the north side Province of Lower Canada, for which reason Mr. 
R., is desirous of erecting his works on the Upper Canada side, at the Chaudiere Falls, which 
will be convenient in his getting his Ore to his works. Shoidd those fronts not be granted, 
•ond the Surveyor General admits of my claim, covering the broken fronts adjoining Lots Nos. 
88 and 40, but objects to the claim covering the broken front adjoining Lot No. 30, as being 
reserved for the benefit of the Clergy, Mr, Rudsdell will please to apply to the Governor and 
solicit the Governor to permit Jlr. R's claim to cover the said broken front adjoining Lot No. 
39, together with the grant of the small rocky clumps or islands lying in front of said Lots 
with a line beginning from the north west comer line of Lot No. 3'J, and running to the chan- 
nel of said River, and from thence down the River with the said channel 10 chains below the 
north east corner line of Lot No. 40, including said bank and water, together with the said 
rocky clumps or islands lying within the said line ; the timber growing on said broken fronts 
is mostly small cedar and spruce pine, commonly called a cedar thicket, and the soil scarcely 
to be cultivated, being extremely rocky : — the distance from the main to the rocky clumps or 
islands is about 60 feet, and except in the time of high water the passage is almost dry, the 
islands having the same growth of timber as the broken fronts, and the soil the same, and that 
the said rocky clumps or islands cannot contain more than twenty acres. By extending a 
dam from the main to one of the nearest rocky clumps and throwing a wing out into the main 
River, will command a sufficiency of water for Water Works, and except for building works 
of the aforesaid deicrlption, a grant of said broken fronts and islands would not be worth 



50 



TETinoir-— HACKBNZIB, VOR RAKDALL's DEVISEES. 



posHcssing, but by erecting sucV Works it will bring on the Bcttlcmcnt of the lands in that 
part of tlic rrovincc which is totally utiinlinbited, which no doubt (Jovcrninent will bo dis- 
posed to encourage, and os Uoverninent has granted to Messrs. Shuter & Mears, an island large 
enough to lulmit of a snug furm, uud the soil of the best quality, lying at Kve times the dis- 
tance from the main, and having a considerable depth of water between the main and the 
island the dryest season of the year, Mr, U. therefore flatters himself Ooverument will be 
equally disposed to give him as much uccommodation ; and as the broken front of Lot No. 
30 lays so near the place where Mr. U. wishes to build, he prays that Oovernment may eiieou- 
roge him by taking off the reserve, so that he may have the fee simple of the land. When 
Mr. lludsdcU marks the letter II, upon the said broken fronts, he will likewise mark the same 
letter on the rocky clumps or islunds, and claim the same as broken fronts, as the passage 
between the main and said islands is dry a considerable part uf the year, but should Mr. 
Iludsdell find it out of his power to procure the broken ♦V-onts adjoining Lots No. 08 and 40, 
he will in that case endeavor to get a grant of the broken front of Lot No. 30, including the 
said islands and water courses within a line, beginning at the north west corner of Lot No. 
30, running with the channel of the River 10 chains below the north east corner of Lot No. 
40, but should tiovernment not allow my claim to cover the broken front adjoining Lot No. 
30, endeavor to get a grant of the islands and water courses as described, and take out a lease 
for the reserve Lot No. IJO, and lay the remainder of my claim on the broken fronts of Lots 
No's. 20 and 21, hiyiug on the Ilivcr about 4 miles above the Chaudi^re Falls, in the said 
Township of Ncpean. And should Jlr. Piudsdcll succeed in getting a grant of the said islands 
and broken fronts of No's. 3S, oO and 10, and should there not be a sufficiency of land to fill up 
my cloini of 200 acres, he will please to lay it upon as much of the broken fronts of Lots No's. 
20 and 21, bounded bv the waters of the River as the deficiency moy cover, covering also a 
small island opposite the north west comer line of Lot No. 21 : should Government persist in 
not giving a grant of those four rocky clumps or islands, in that case, Mr. Rudsdell will take 
out a lease for the same, for as long a time as he cao. 

Cornwall, July 23rd, 1808. 



No. 24. 



To Hia Excellency Francis Gore, Etq., Lieutenant Governor of Upper Ccmada, 
tfec, &€., <fec., ill Council. 

Haying been applied to by Jonathan Rudsdell, late Attorney for Robert Randall, for our 
opinion whether the erecting a Mill Dam on the south side of the Grand or Ottawa River, 
Province of Upper Canada, in the Township of Nepean, and near the Falls of the Chaudi^re, 
will, in anywise interfere or obstruct the passage of canoes or boats navigating the said river, 
the said dam to run ii-om the main shore to an island in the river, a distance of about sixty 
feet. 

We do hereby declare, for the information of His Excellency the Governor and the 
Council of Upper Canada, that the said Mill Dam will not, in any manner, interfere with, or 
obstruct the navigation of canoes or boats in the Grand or Ottawa River, the usual ^route for 
boats and canoes being on the north side. 

Given under our hands, in the City Montreal, this fifth day of October, in the year one 
thousand eight hundred and eight. 

W. McGILLIVRAY. 

Agent, N. W. Co. 



No. 26. 



York, SOthJanuart/, 1809. 

Dear Sir, — I acknowledge the receipt of your several letters, and am much mortified that 
you should think yourself neglected. Your affair has been repeatedly before the Council, so 






PBTITION — MACKBNZIB, FOR RANDALL^S DBVIBRM. 



a 



If* in that 
be dis- 

ind large 
tii<- dig- 
(uid thr 

It will be 
Lot No. 

Hyeiicou- 
When 

Ithe .lume 



nnxiotiM have T licen on your account, that T have pt>ni()nally iittcndcd thi- (>ovemor, aKu tho 
Cliii'f Justice, out of Council, and exerted my iM-nmnul iutercnt in your favour. 'I'hough you 
are ordered pcrNuually to attend, I itill liuiie to get tliroii{;h without ; 1 am promised another 
hearing next (.'ouucil. As to initing, I liavc once or twice written to you myself ; and 
iJohn itobinson whom you know to be with me, ban idso written to the core of Mr. Co«en»— 
thiN will go inider that nddresH by a gentleman [ can de|>cnd upon. You may rely on my 
cxcrtionii, and I think you will ultimately succeed. The certiiicittcs, Uc., arc very latisfuctnry. 
I was at the Council otticc yesterday. My ton Henry also wrote to you on the renerve. llie 
Council wanted un uHidavit of the .«i>ecien of timber on the Lot — the reason of which i.t evident 
— that where, on the banks of our waters, we have either oak or pine, they reMcrvc them 
for the navy, &c. 

Yours most fathfully, 

L'AIiCY BOULTON. 

Robert Randall, Esquire, 
Ottawa River. 

I shall have to advance the forty dollars before location, shall consequently draw on yoo 
the moment I have certainty of success. 



la, 



No. 26. 



(Copy.) 

CiiirPAWA, Maij Vnh, 1819. 

Henhy J. BouLTON, Esquire, 

Sir, — Time, Mr. Boulton, will disclose all things. Tf your knowledge of the Cabinet 
secrets of my business is such, as to cause you to have recourse to the measure you wish me 
to adopt in your letter that has been just now handed to me, by young Mr. Smith — I cannot 
perceive that y 'ir security need be better, — or that mine will be made much worse by not 
adopting the ° ure. 

Probab! Boulton, I might be more alarnied at the situation of my business, hod I 

the secret knowledge of its true situation that you may have. But if my want of that know- 
ledge, leaves me not alarmed, my ignorance must be my comforter, until time unveils to me, 
the result of my business. You will greatly oblige me by sending to me, as early as you can, 
a copy of the Note which Clark sues on, as well a copy of the writings that you got from 
Montreal, relating to the business. 

I am, Sir, 

With respect, your humble servant. 



R. RANDALL. 



Henry John Boulton, Esquire, 
Attorney-at-law, 

York, Upper Canada. 



No. 27. 

Chitpawa, June 2^ih, 1819. 

Sir, — My motive in writing this letter to you, is not intended to palliate the high tone 
of your son Henry's procedure against me, for fees, including the sum of fifty pounds allowed 
for your management in the early state of my cause with Phelps, to amount of £125 
currency, and the interest which he adds making the sum of £141 16s. 3d., currency— but 
purely for the respect I feel for you. 

Your son Henry, is not satisfied with the Bond and Mortgage given him, dated 17th 
March, 1817, (for your and his fees in my suit againt Phelps) for £100 currency, on a Lot of 






■■.,-iit;^.S,;:'.:: ;■>«;: 



62 



PETITION — MACKEN7IE, FOR BANDALL'S DEVISEES. 









land in the township of Nq.?)."., District of Johnstown. He is not satisfisd with my Nots of 
hand given him for Twenty-five pounds currency, at Niagara, on the 7th October, I-'IS-, for 
his fee, which he insisted I should do, previous to his calling my cause against Phelps for 
trial at the then Assise, which cause, you, as presiding Judge, would not hear. I'rom motives 
of delicacy, and ordcrei? the cnusc to lay over as a Remanet of the Court for a liiture trial ; — but 
he writes to mc a letter, which I received on the 17th May last, wherein he says, " I have 
sent to my Clerk, 5Ir. William Smith, a Cognovit for the amount of £141 KJs. 3d., currency, 
to be enabled, if so inclin.-d, to take out an execution agp.iost you" I refusing so to do. 

He again writes to me, handed by ^Ir, Jarvis. 23rd instant, wherein he says, I am very 
impertinent (I suppose for not having signed the Cognovit ;) he also says the security I gave 
him is not WL'th half-a-doliui per acre, as there ar^ no inhabitants in the Township. And 
Mr. Jarvis banded mc a summons from ^Ir. Henry John Boulton, to appear on the first day 
of Trinity Term next, at York. \Vhetner the land is worth half-a-dollar per ucre or twenty 
dollars, it is not my motive at tliis present to make any comment. If tln' extreme scarcity of 
money does not preclude the interposition of my friends, I hope the land will not fall into his 
hands. It m as through your instance that Mr. Henry Boulton became employed by me to 
manage my suit against I'helps. At the time he accepted the management of the cause, 3'e 
was knowing that I was moneyless, and promised to wait for his fees uutil the termination of 
the cause : however, a few months after he made up an account of £50, currency against me, 
and required security for the same, upwards of six months too previous to his arguing the 
cause. I offered him security on land in Matilda, a Township thickly settled ; his choice was 
Nepean ; lie knew the land in both Townships to be good. When you advised me to '^^mploy 
your son, I expected his assistance in recovering my property from the hand.« of a set of 
scoundrels ; little did I expect that he would require of me a judgment bond for fees previous 
to the decision of the cause, or that I was to be ruined by the man employed to assist me. 
The steps of your son are so novel in the law practice of this Province, I consider it my duty, 
from the fri( I'ly understanding that has subsisted between you and me. to lay the business 
before you — not Sir, that I wish you to palliate the high tone and tenor of your son's specu- 
lative intentions. I may or shall endeavor to meet his wrath at every point, and neither of 
us may be the winner. 



am, Sir, 
Witn respect. 

Your humble servant, 



p.. RANDALL. 



Hon, Jn.stice Boulton, 
Y'ork, Upper Canada. 



No. 28. 



Mr, Moore to Mr. Randall. 

Sin, — I have been put in peaceable possession of the place at the foot of the Chaudi^re 
Falls, which belongs to yo i, Sir, by John Torry, late agent for you at this place ; and he 
having absconded Irom thi.' place to the United States, and I having some property in my 
care which belongs to you. as I am informed, I desire that you would inform me by letter or 
otlierwise, how 1 am to dispose of it for your benefit. Providing I remain on your place, I 
will take the best possible care of such things belong-ng to you which are entrusted to my 
care ; but if 1 should see cause to l^-ave your plarc, I wish to know of you how I am to dis- 
pose of things in my hands, delivered *;> me as your property, I will likewise inform you 
that the greater part of your property here was deposited by INIr. Torry, in the care of Samuel 
Be-edict, senior. Now, if you desire me to take charge of those things, I desire you to inform 
me and give me such credentials as will enable me to secure the same for you. 

lam. Sir, 
Your most obedient and very humble servant, 

ROGER MOOR. 
Nepean, 12th March, 1&13. 



» ^1 



PETITION— MACKENZIE, FOR IUNBALL'b DEVISEES. 



53 






No. 29. 

To ITt's ExefUenry Fn.vsois Oork, Esquire, Lieutenant Governor of U^per 
Canada, d-c, &c,, &c. 

THE fETITION OF ROCETIT KxiNDALL, 
Humhly tSheweth : 

That in tlie month of February, eighteen hundred nn«l nine, Your Excellency in Council 
issued your warrant for one thousand acres of land in favor of your Petitioner, the patent and 
survey fees being duly ])aid to the acting Itetciver General,' on the 2i!r(l day of February, 
1809. That your Petitioner only received a patent for 0/)< i acres, reserving '0 acres of the 
warrant for a future location, which your Petitioner intended miglit cover some rocky chasms, 
which properly belong to the broken front of liOt No. -lO, in the first Concession, ontlie Crani" 
Piiver, in the Township ol Nepean. l)i>trict of Johnstown, which said Ijot bears a. jjortion ot 
your Petitioner's location, out of the nine hundred and fifty acres. That your Petitioner was 
directed to obtain a certificate from some sworn !^urveyor, or neighbours near the Chaudi^re 
Falls, that he and they could walk, in tlie dry season, from Lot No. 40 to the rocky chasms 
and not wet their fei ; ; in which case fhvi said rocky chasms would be considered part of the 
broken front of said Lot, and the fifty acres unlocated were to cover the rocky chasms and the 
intermediate space therein contained. But at the retu:u of your Petitioner from this place in 
March, ISO!), to llontreal, he fell a victln. to the sharpest persecution, and was unrighteously 
imprisoned for debt, and in close confinement to the 13th of last month, which not only pre- 
vented your Petitioner from obtaining a certificate relative to the rocky chasms, which he could 
have uoue with much e j«e, but also from prosecuting his establishment at the Chaudiere Falls, 
in the Grand River, which as well as the property which your Petitioner had sent on, to the 
amount of five hundred pounds, as fi commencement in his business, entirely perished as soon 
as the late War was declared by the American Government against Great Britain. 

Your Petitioner woidd have proceeded to his place at the Chaudiere Falls for the pur- 
pose to obtain the relative certificate after obtaining his enlargement, but his debilitated state, 
and the fast approach of winter, luade it requinile for your Petitioner to proceed to this place, 
from thence lo Niagara, in order to look after his property in that part of the Province ; and 
your Petitioner now conceives that he has the tacit ap]irobation of those who were his aJver- 
s.'.ries. to proceed in making his establishment at the Chaudiere falls, on the Grand Hiver, by 
their granting him his enlargement, ami offering him their friendly assistance, lie also flatters 
himself that his long and sharp sufferings are considered bj- those whom he viewed as enemies, 
to be an ample ptonement for their unenvied and friendly return of feelings. And as Your 
Excellency may be well informed of the great utility your i etitioner's establishment of the 
Bridge Water Works, near the Falls of Niagara, were to (he prosperity and growth of that 
part of the Province, he hesitates not, to say his establishment at the Chaudi&re Falls, on the 
Grand River, will be of equal, if not of su^ierior importance to that section of the Province. 
Yotir Petitioner can with truth say, that his Bridge Water establishment at Niagara, gave a 
spring to the agricultural and mercantile interest, not only throughout the District of Niagara, 
but the Province at large ; for your Petitioner was the first person who manufactured Flour 
for exportation in the Province of Upper Canada. Previous to your Petitioner's establishment 
at Niagara, both farmers and merchants were so circumscribed, as to be of little service to 
each other. His mercantile establishment at Cornwall, in the Eastern Distiict of this Pro- 
vince, is also known to have been a growing benefit to that place ; and had envy not 
overtaken your Petitioner, he would have turned the trade and produce of the whole Eastern 
District to Cornwall, whereas it formerly enti.eiy went to Montreal. The chasnis which your 
Petitioner con.siders to be part of the broken "ront of Lv,t number forty, are not or cannot be of 
the least importance either to Government jr individuals, except to accommodate your Pt tioner 
in establishing himself in business at the Chaudiere Falls. A young gentleman whi h at this 
place unexpectedly, at this moment, says, he has himself stepped from Lot numL ^r forty to 
the chasms, in the dry season of the year, and did not wet hie feet, that he thinks the chasms 
should be considered as part of the broken front of Lot number forty, and is willing to declare 
the same before Your Excellency ; he is a young man of veracity, and his declaration is to be 
relied on, which your Petitioner trusts will be proof , ufficient to satisfy Your Excelleucy of the 



it 



64 



PETITION— MACKENZIE, FOR RANDALL'S DEVISEES. 



[»r()i)rict.y of l\is present rpqucst. and if it should be proof sufficient, your Petitioner most 
luiiihly solicits Your Excellency to order deed to l.-e issued ia the name of your Petitioner, 
as follows : 

Hc^^iiming at a cedar tree or boundary mark near the edge of the bank at the side of the 
Ciand iiivci', in the liiu; between Lots thirty-nine and forty, and to run to the upper extre- 
mity of the fourth chasm, accordiiip; to the annexed draft of it, from thence to the extreme 
point or uppt-r end of cliasni ninnber il r.-e at the Grand Fall, running with the marghiof said 
chiisni at the water's edge to the noriii side, thence dowu the stream to the lower end or 
extreme point of said chasm, thence to the excrcnic point or lower end of chasm number two, 
from tliencc in it Mraiglit line to a small oak tree or boundary mark, in the aorth end of the 
east side line of Lot number forty, at the water's edge of the Grand Uiver, thence with the 
water's edge, following the several turnings and windings thereof, to the place of begiimiug, 
with all the intermediate space therein contained, containing fifty acres more or less. 

And, aH in duty bound, your Petitioner will ever pray. 

R. RANDALL. 

York, Upper Canada, 

Novenil)er 2iid, 1815. > 



No. 30. 

DRAn Sin, — Tlic dat!> o*"the ordci in Council to locate 50 acres, to complete your grant 
of 10i)0, is 5th h'eptcmbjr, 1>S18. 

Your's, 

AYILLIAM n. LEE. 
11. liandall, Esquire. 



No. 31. 

Perth, 14«A December, 1816. 

Sii', — Yours of the 25th Xovember came to hand yesterday ; I shall with pleasure attend 
to Mr. iiandaH's concern, in the month of January, at which time I shall visit the lot in que»- 
tion, and iisce.U.lii tl;j o.cao: nituation, and enclose you a sketch and certificate, and charge 
the same in accoinit ago-'^.-st you. 

I have the honor to be, 
Sir, 

Your most obedient servant, 

R. SHERWOOD, 

Deputy Surveyor. 
G. S. Boulton, 
York. 



No. 32. 

LoNO-ABH Estate, Nepban, 
April 27th, 1818. 

Rm,— Having lately arrived from England and settled on the Grand River, in the Town- 
Khip of Xcpeau, and being informed that the Lot adjoining to mine, which is No. 40, belongs 
to you, I have taken the liberty of troubling you to knov/ if you are disposed to part with it, 
and on what terms : waiting an answer, 

I remain, 

Sir, 

Your very obedient servant, 

J. BARROWS. 

Major Randall, 

Little York, or elsewhere, 
Canada. 



fmm 






l.»iJMM»«ii^l!{«i-WW?l^J.'V41.,,«-5lJ!ipi»Jllljf 



PETITION— MACKExVZIE, FOR RANDALL's DEVISEES. 



65 



No. 33. 
UPPER CANADxV. 



Mr. RiitiDAiiL: 



Township of Longeliu.; 
7(h February, 1810. 



Sir, — I did myself the pleasure of writing to you last fall r.bout your sittiatiou o;i the 
Grand Chaudi^re Fulls, to which I have not had the pleururc of lu) anower ; when 1 had the 
pleasure of seeing you, you spoke as if you intendid to inake speedy preparations to furui a 
settlement and commence business, and expected you would have comineiiccd previous to 
this, — hope your lawsuit you had dej)ending, has tenuinated in your (iivor, — should be glad 
to learn if you have been successful, as I apprehend yourattendauL.e to that has prevented the 
visit you intended to make last fall, — 1 would be luider obligation to you to inform nie as 
quick as possible, if you would dispose of any part of your land abcve mentioned. If you are 
inclined, I would beg leave to offor to purchase a s;nail portion, say an acre or two, innne- 
diately on the Point, leaving you the exclusive privilege of water, if you feel disposed, 
would thank you to inform me, with your conditions, hoping we may come to an understand- 
ing; I am in business now, where I have directed my letter from, but the r'tuation does not 
suit me so well for Vusiness as one above. I have taken a larj^c concern at the foot of the 
Long Sault Uapids, in the (irand River, whica will be a place of eoi'siderable trade, and should 
like a situation on the Chaudiere, in order to establish a connnuuication with tlie Upper 
Country ; if it is your intention to comply, please write me sjjeedily, that I may not lose any 
time to erect a Store for the purpose oi' carrying on business uext season, and would be glad 
you would give me the privilege so to do ; if you have any commands relative to that place, 
you would wish to have executed, shall be happy to forward your designs by empowering me 
to act for you : should feel much obliged by your speedy information pro or con. As 1 wrote 
before on the subject, am fearful my letter miscarried, as 1 cxiiected an answer. 

I am, Sir, 

Your very humble servant, 

SAMUEL DOWTfES. 



No. 34. 



Nei'Ean, Sill Man, ISli). 



gin^ — I had the honor of addressing you l.ast xVutumn, but not knowing your address cor- 
rectly, I am doubtful of your having received it. The purport of tliat letter, as I as the 
present, was to know if you would dispose of a part of your Lot of laud ou the juUs of the 
Chaudi6re, as I should be glad to have one or two acres, either by sale or lease. 1 h ve ri<ii 
the honor of being known to you personally, but having served in the late war in various parts 
of Canada, und particularly in the part of the country where you at ijrescnt reside, and although 
my military occupation prevented my having much communication with the gentlemen of 
your neighlwrhoo' I believe you will obtain information of me from ]\lr. Samuel btieet, though 
but little. acquai-'A d with that gentleman, I was at that time Deputy Assistant Quarter- 
master General, and at present have retired on Capcain's half-pay, of the OOth Regiment, 
and having drawn some lands in this country, have taken up my residence at the Rapids des 
Ohenes, five miles from your Lot, and as the whole of that distance is land carriage, 1 find a 
great inconvenience fiir want of a place to store my goods at the landing, and am now obliged 
to build a small store of round logs on your property, which, if not agreeable to you, I will 
immediately remove, but if you will either sell or lease one or two acres at the lower point, 
next to the Island, in the Ray, I shall bo glad to know your terms by the earliest opportunity. 

There is a person here by the name of BurroioB, who pretends to be agent for that pro- 
perty, alias ffonci/, but as I could not lielieve that he was entrusted with any property, I 
have not applied to him. If you have no agent here, and that I can be in any way serviceable 
in that line, though not with the view of pecuniary motives, but merely for the advancement 
and settlinij of the countiy, I beg you will command me ; I shaU at all times feel happy to 



1^^ 



66 



PETITION — MACKENZIE, FOR RANDALL' S DEVISEES. 



b 



commiiiiiciitc wltli yon on tlie sulyect. Slioiild your business at niiy time lead you to York, 
please iiipiitiori \).y name to Judge Campbell, with whom I have had the honor of being 
acquainted some years past. 

I have the honor to be, 
Sl.v 

Your mo't obedient humble servant, 

JNO. LkBRETON. 
llobcrt IJandall, I'squire, 
C'hippawa. 



n '■ 



No. 36. 

Point Nrpean, Sth January, 1820. 

IIoNoi'.Ei) 8iu, — ITiiving wrote you on the 27tli of October last, and not receiving an 
answer, I again take tlu libcrly of troubling you on the same head. 

J laving been here ever since .luly last, and had every opportunity of seeing the necessity 
of a house of accomni )ilatioii, 1 took tlie liberty of erecting one (as a tavern,) near the old 
house built by Mr. 'I'orry. 

It being the opinion of every one here, that nothing can l)c done on the Point in regard 
of cultivation, I mean, with your full approbation, to make a trial, by laying out a guvden, 
having been ganlc'n'>r sf vcn years in this country, during my service here in the Koyul ^Vrtil- 
lery, being employed chiefly by Generals lirock and Glasgow. 

From what 1 liavc heard from several persons who have the honor of being acquainted 
with your cliaracter, i have every reason to hope for a favorable answer, or should not have 
gone thus far without hearing from you. I hope therefore. Sir, you will not think it too much 
trouble to send uie an answer the first opportunity. 

As to my character, 1 can no doubt fully satisfy you on that point ; in compliance with 
the above, you will much oblige, 

Sir, 

Your humble senant, 

ANDREW LERRIE. 



No. 36. 
Trinity Term, 2nd Geo. IV. 



In ttie Kino'h BEscit, 

DiSTIlK T (iK NlAOAllA, TO WIT. 

llenrij John BnuUon, 



linhf.rt Rnnthdl. 



Kobert Randall, of the Township of Stamford, in the Dis- 
trict of Niagara, I'^squire, the above named Defendant, 
maketh oath and saith, that during the Session of the Legis- 
lature of February last past, this IJeponent in a conversation 
with IMr. Morris, of the County of Carleton, was informed 
that his land in the Township of Nepcan, in the Johnstown District, was sold by the Sheriff 
of the said District, under and by virtue of a Writ of fieri facias in the above suit, and this 
Deponent furtlier saith, that not until then did he know that the said Henry Jolui iioulton had 
obtained a Judgment against him, and this Deponent further saith, that pecuniary embarrass- 
ments prevented this Deponent from applying before to set aside the said proceedings, which 
the Deponent could never expect to have been carried to such lengths tiom promises lield out 
by the said Plaintiff, namely, that the bond was only taken, upon which part of this action is 
brought, as a security for his, the said Henry Jolm iioulton's fees, and his father's, now the 
Honorable Justice Iloulton. 

Sworn before me, this 10th day of July, 1821. 
(Signed,) J. MUIRHEAD, 

Commissioner for taking affidavits in K. B., in and for the District of Niagara. 

(Signed,) ROBEll'J' RANDALL. 



vmK7r^imm9^^'ff^^^f''* 



PETnr02T— MACKENZIE, FOB RANDALL'S DEVISEES. 



57 



No. 37. 

York, 31»< December, 1823. 
(Copy.) 

Sin, — An application has been made to me, by IVfr. Jonas Jones, Barrister ot law, to fur- 
nish him with instructions to defend an action of ejectment brought i)y JTr. L. Sherwood and 
Captain LelJreton, for the purpose of getting possessiou uf Iuuub and tenements which belong 
to me, and which are at present in the actual possession of Messrs. Lcrrie and Firth. 8tc. 

As Colonel Burke, the gentleman who employs Mr. Jones, could not have been fully 
aware of the whole of the circumstances at the time he employed him, I beg leave to state to 
you. Sir, for His Excellency the Commander of the Forces' information, that Mr. Jones is not 
onlybrother-in-lawtoMr.i?1ierwood, but also brother-in-law to Mr. Boulton, the person who upon 
an ex -parte proceeding obtained judgment against me, issued execution, and sold this property 
for the sum of one hundred arid twenty-five pounds, for fees accruing to him in his prosecuting 
a suit for me in the sum of t-n thousand pounds, currency, wherein I had obtaine<l two verdicts 
for the aforesaid sum, which Mr. Boulton abandoned, and my suit thrown out of Court. His 
Excellency the Commander in Chief is in possession of the case in detail. 

I also beg leave to communicate for the information of His Excellency, that I have em- 
ployed "Mr. John Ilolph, Barrister at law, to commence a process against ]\Tr. Boulton, in order 
*r set aside the Judgment obtained against me, and for which this property has been sold at 
ShfifFs sale, and as he is in possession of the whole proceedings and documents in the case, 
and ')eing of the first respectability, and not long since from the Temple, in London, and no 
way connected with the above gentleman, I humbly beg leave to suggest the propriety of asso- 
ciating Mr. Itolph with Mr. Jones, in defending Messrs. Berrie and Firth against the suits of 
ejectments, not that I have any reason to suppose that Mr. Jones would in any wise be influ- 
enced by his connection with ]\Iessrs. Sherwood and Boulton, only that human nat iire is gene- 
rally more or less influenced by family connexion, which induces nic to be^ uave to recommend 
to His Excellency, that Mr. Rolph be associated with Mr. JoncH in the defence of the said 
suits of ejectments, and if His Excellency should think proper so to do, that he will please to 
order that Mr. Ilolph ha\ e the earliest . otice thereof, directed to him at T ndas, in the Dis- 
trict of Gore, Upper Canada. 

I have the honor to be. 
Sir, 
Your most obedient and very humble servant, 

ROBERT RANDALL. 
Lieutenant Colonel Dickson, 

Deputy Quarter ^faster General, 
Quebec. 



No. 38. 



DEPirrY QoAUTER JIaster Generai/s Office, 

Quebec, Zith January, 1824. 

Sin, — I have the honor to acknowledge the receipt of your letter of the Slst ultimo, 
which having submitted to the Commander of the Forces, I have received His Lordship's com- 
mands to thank you for the suggestion therein contained, but at the same time to acquaint 
you, that His Lordship docs not deem it necessary to employ further Counsel in the question. 

I have the honor to be, 
Sir, 
Your very obedient humble servant, 

WILL. R. DICKSON, 
Captain and Dcp. Qr. Mr. General 
R. Randall, Esquire, M. P. P., 
York. 



■^m 



.Hillii^jl^iiitnisitlr'. 



1)8 



TETITION — MACKENZIE, FOR KAJJDALL's DEVISEES. 



No. 39. 



YoiiK, 23rd June, 1824. 



Dear Sin, — I hasten to inform you, that yesterday morning, as soon as decency would 
permit, T addressed a note to ^Major Ilillier, on the subject of the Writ of Error, stating Mr. 
Cameron's refusal to seal it. In the evening, I had the honor of receiving a note from the 
Major, a copy of which I enclose for your perusal. You will see, therefore, that thus far we 
go swimmingly, however we may succeed hereafter. I have been favored with a letter from 
Mr. Rolph, stating that it will be impossible for him to attend here sooner than the latter end 
of the Term. I am sorry for it, as I wanted his assistance much ; but, however, as I am fairly 
in for it, I must of course pursue it. Whatever lies within the compass of my small abilities, 
(and very small they are, J know,) you may rest assured will be done for you. But as there 
is no one thing under heaven more uncertain than the certainty of the law, I would not have 
you too sanguine. You know whom you have to contend with. Terra begins on Monday, 
Cth July. 

Faithfully yours, 

S. WASHBURN. 
Robert Randall, Esquire, 
Stamford. 

(Copy.) 

" IMajor Ilillier has the honor to acquaint Mr. Washburn, that the necessary instructions 
have been given to the Provincial Secretary, to affix the Great Seal to the Writ of Error 
'• required by him." 
" Government House, 

" York, 22ad June, 1824." 



No. 40. 

Brockville, Gth April, 1827. 

Sin, — At the desire of ]Mr. Charles Lemoine, I have enclosed you the within, should you 
incline to sell, please write me your terms. 

I am, Sir, 

Your obedient servant, 

ADIEL SHERWOOD. 
Robert Randall, Esquire. 



For Mr. Charles Lemoine, of Augusta, Blacksmith. 

To write to Robert Randall, Esquire, M.P. P., Chippawa, above Niagara, stating that 
he, Lemoine, wants to purchase Lot No. 11, on the Rideau, 1st Concession of Nepean, — also 
state that R. Sherwood bid the same off at auction some years since, but the Sheriff refuses to 
give a title, and therefore this Lot must be considered Sir. Randall's property as yet, 

R. SHERWOOD. 

24th March, 1827. 

A. Sherwood as agent, may send this if he chooses. 

R. S. 



No. 41. 

The Bill of the Session of 1830, was similar in its provisions to that of 1828, only that it 
appointed the Speaker of the House of Assembly of Lower Canada, the Chancellor to try the 
case, instead of Mr. Justice Willis, who had gone to England. 



'■^ 



"■.w!';:-s'j,vJ!^^",|,".:.;-W^y'!(J*-.WfP' 



PETITIOK — MACKENZIE, FOE RANDALL'S DEVISEES. 



50 



1824. 



On the question for passing it in the House, the Yeaa and Nays were taken as fol- 
lows : 

Yeas.— Messrs. Baby, Doctor Baldwin, Blacklock, Brouse, Buell, Cawthra, Dalton, Dick- 
son, Fraser, Hamilton, Henderson, Hopkins, Hornor, Ketchum, LefFerty, Longley, Lyons, 
McCall, Mackenzie, Malcolm, Morris, Perry, Radenhurst, John Rolph, Shaver, Smith, Terry, 
Thomson, Wilkinson, James Wilson and Woodruft". — 31. 

Nays. — Messrs. Bethune and John Willson. — 2. 

So the Bill was signed and sent up to the Legislative Council, who refused to concur in 
and declined to amend its provisions. 



No. 42. 



Bytowu, 21«« JuIi/, 1835. 
W. L. Mackenzie, Esq. 

Sir, — I have been here about three days looking after the Chaudifere property, and 
examining maps, &c. I find Captain LeBreton owns Lot No. 40, covering the Falls. It is, 
or rather will be, Bytown itself, and is very valuable. A gentlemen tells me that he will give 
£1000 for the sole privilege of making a slide down the Falls to run timber over, and the Lot 
will be a Town plot. 

No. 38 belonged to Judge Sherwood, and he sold it to one Peter Aylwin, for £350 cash, 
and it is worth double that. 

No. 39, Clergy Reserve, Government holds as I am told, it meets the Union Bridge at 
the Ottawa, there are good buildings on it, occupied as I believe, by one Firth. 

Yours, &c., 

C. WATERS. 



W. 



LoNocECTL, 28th Juli/, 1835. 

L. Mackenzie, Esq. 

I have been at Richmond, in the County of Carleton, and at Perth, in the County of 
Lanark, and have examined the Office of Registry at Richmond, in going and returning; at 
Perth I examined the Treasurer's Office, and also the Registry of that County, I find that 
from the SheriflPs deeds of sale of Major Randall's lands in Nepean, John LeBreton purchased 
Lot No. 40, first Concession on the Ottawa, and the broken front of said Lot, &c.. that Levins 
P. Sherwood, a Judge in the King's Bench, purchased broken Lots Nos. 10 and 11, first Con- 
cession, and Lot No. 10, second Concession, on the River Rideau, and that afterwards to John 
LeBreton, by deed and release made by L. P. Sherwood, Esquire, a joint proprietor of the 
Lot No. 40, first Concession, and broken front of said Lot on the Ottawa, that is to say, one 
undivided half of said Lot and broken front thereof; and that L. P. Sherwood, Esquire, by 
deed conveyed to John LeBreton, the one undivided half of Lots Nos. 10 and 11, first Con- 
cession, No. 10, second Concession, on the River Rideau, and that exchange deed or deeds of 
separation and division were passed and exchanged between them, and thereby L. P. Sher- 
wood owns east half of Lot No. 40, in the first Concession, and broken front of said Lot on the 
Ottawa, together with an equal privilege of four islands in front thereof, and that John 
LeBreton owns the west half of said Lot and broken front thereof, islands, &c. These con- 
veyances appear to be of the nature of lease and release from one to th" "ther, firstly, to make 
them co-partners, and then a division of Lot No. 40, in first Concession, and broken front of 
said Lot, &c., on the Ottawa, which plainly shews what I had always understood, that they 
purchased those lands in partnership, at Sheriff's sale ; the Lot No. 40, &e., on the Ottawa, 
is in reality, and there might easily be made of it, in my opinion, £10,000. It covers water 
privileges worth half that sum. The Union Bridge across the Ottawa, abutting on the Lot. 
For sales out of the broken front of said Lot, you will notice the annexed memorandum ; there 
are two parcels or privileges, one of which, (an acre,) was conveyed by L. P. Sherwood, 
Esquire, and Charlotte, his wife, to His Blajesty King George IV., on which stands a block 
of buildings at the end of the Bridge, built by Government, but now unoccupied. These are 



- I 



-,fc._. -^^t^kiloLAiru.r 



;^-ji*tte.;^;-'-: 



60 



PETITION — MACKENZIE, FOR KANDALL'S DEVISEES. 



the buildings I formerly mentioned that were supposed to be on the other Lot : this Lot and 
privileges are certainly tlie most valuable property in all this part of Upper Canada. 

Lot No. 10, in the second Concession, River Rideau, comprises a valuable Mill site on the 
River Jacquiis, emptying into the Ridcau ; broken Lota 10 and 1 1 cover the mouth of that 
River, and front on the Ridcau River. These Lots, together with No. 1 1 in the second Con- 
cession, are in my opinion, worth 40s. to SOs. per acre ; the lands are good, and privileges 
great. Lot No. 40, first Concession, &c., on the Ottawa, might, and in fact will, and must be a 
continuation of Bytown, which will in a few years, be the most important Town ia Upper 
Canada. 

There ia no one on the lands on the Rideau. There are squatters on No. 40, on the 
Ottawa, but I cannot find out that there are any on No. 39 or 38, (Ottawa.) 

N. B. The second parcel of land sold out of the broken front of Lot No. 40, on the 
Ottawa, is as follows, — Firstly, from John LeBreton, out of the east half a water and land 
privilege, &c., to Samuel Stacey and George Lyman Bellows, both Foreigners. Samuel 
Stacey then sold out his right to the said George L. Bellows, then George L. Bellows sold to 
Henry Stncy, then Henry Stacy sold out to Henry Church, Henry Church then sold out to 
Matthew Corraell of Bytown, since dead ; this ia as far as I can trace any sales or titles in the 
Bathurst District ; it has been a most extraordiniiry as well as an intricate transaction. The 
conveyances appear to be quit claims, which shews a doubt of the title. L. P. Sherwood and 
wife, sold the acre to the King, in 1829, February 24th. 

Mr. Henry Sherwood professed to sell Lot P'o. 30, first Concession, Ottawa, and received 
a sum of money and gave a receipt, but gave no deed. Afterwards the Honorable L. P. Sher- 
wood sold tlie same Lot, as I am informed, to ]?eter Aylwin, for $1,400, but I can find no 
record or deed. In this sale there is a mystery ; this Lot will soon be worth £10,000, if not 
now. 



Yours, 8ec., 



C. WATERS. 



APPENDIX (B) 



Thursday, 21»t March, 1836. 

The Committee met. 

Charles Waters, Esquire, M. P., Ottawa District, called in and examined: 

Question 1 What do you consider tlie fair value 0£ the property in Nepeaa claimed by 
Mr. Randall's Heirs, and for which he has a Gram; and Deed from the Crown dated in 1809 ? 

Answer 1. The value of the property on the Ottawa River, embracing, as it does, water 
privileges of the first magnitude, and an extensive) quarry of the first rate stone for building, 
and lying in the immediate vicinity of Bytown ancl over which Bytown would shortly extend 
if Plots were exposed to sale, is immense at the present moment, and from the commanding 
position of Bytown the increase in the value of this property must be very rapid and very 
great ; and wliicii, together with the valuable property at the confluence of the River Jacques 
with the River Ivideau, embracing as it doei a most valuable Mill scite and other important 
advantages, I should consider the whole, were I the owner, worth about £20,000. 

Question 2. Have you personally inspected and examined this property ? 

Answer 2. I have. 

Question 3. The statements by you and now yhewn you [No. 4:2, above] are they not 
the results of personal inquiry by yourself on the property ? 

Answer 3. They are the results of personal inquiry, made by myself on the property. 



PETITION— MACKENZIE, FOIl RANDALL's DEVaSEES. 



01 



# . No. 1. 

GOVEUNMENT HouSE, 

TouoNTo 2oth August, 1835. 
Pin. — I nm directed by the Lieutenant Governor to transmit to you, with reference to your 
application of the li)th Inst., the nccompanyinp; copy of a statement from .Mr. Stanton— and the 
form of notice which he has been authorized to adojit, in conunnnicatiiig your intentiou of 
petitioning the Legislature as nn Executor of late Jlr. Randall. 

I om, 8ir, 

Your obedient servant. 



W. L. Mackenzie, Esq., 
St. Catherines. 



W. ROWAN. 



No. 2. 



(Copy.) 

Toronto, 2,rtth August, 183o. 

Sfn, — On the subject of the nolico desired to be given by iMr. ^Mackenzie, referred to in 
your letter of yesterday's date, I beg that His Excellency may be itiformed that in con\ev.sation 
with Mr. IMackcnzic after my note No. I, 1 did endeavor to point out to liim as plainly as I 
thought would convey in ordinary and usual terms the information he was desirous of notify- 
ing to the public and which would have been much to the following purport : 

" To all ichom it may concern ; 

" Public notice is hereby given that application will bo made to the Legislature at its next 
ensuing Session by petition from the Executor to the estate of the late. Robert Randall, Esq., for 
the enactment of a law establishing a special tribunal for the revision of certain proceedings 
in the Court of King's Bench, by which Lots (enumerating the lands as described) granted by 
the Crown to the said late Robert Randall in 180J>, were adjudged to be sold, or were sold by 
the Sheriff and conveyed toothers; and until the issue of such application shall be determined 
all persons are warned against purchasing or leasing any part of the said property." 

If Mr. Mackenzie had felt at all disposed to meet such a suggestion, or had chosen to 
adopt any other form of words of his own, conveying in substance such a notification to tiie 
public, the insertion in the Ciazette would not have been made matter of question. 

If the notice, which is above suggested, should appear to be sufficient for the proposed 
object, and is approved of, His Excellency's desire for its insertion in the next Gazette shall 
not fail to be duly attended to. 

I have, &c, 

ROBT. STANTON. 



No. 3. 



Castle ok St. Lkwis, Quebec, 

2Ut Fchruarii, 1823. 

Sin, — His Excellency, the Governor in Chief* commands me to acquaint you, in answer to 
your Letter of 20th instant, that he has had under his most serious consideration your memorial of 
last summer, setting forth various grievances and acts of injustice to you in your civil rights, on 
the part of different persons connected with the administration of the law in the Upper Pro- 
vince, and His Excellency directs me to add that as he does not possess the authority either 

.._.. * Tho Ear' pf Dolhousie. 



62 



PETITION — MACKENZIE, FOU RANDALL's DEVISEES. 



to invcftif^ntc or redress your nllfKed grievances, he can only ref;r you to llio Oorcrnor of 
that Province who will, no doubt, pay all proper attention to your reprcscntatioQ, 

I have the honor to be, 
Sir, 
Your most obedient servant, 

A. W. CUCIJRAN, 
Secretary. 

R. Randall, Esq. 

York, Upper Canada. 



No. 4. 



(Copy.) 

York, March ^, 1830. 

Silt. — I have the honor of transmitting to you for tlie information of His Excellency the 
Lieutenant Governor, a copy of the KeiJort made by the House of Assembly upon my petition of 
grievous loss of property from the undue administration of public justice. 

That others may have suffered from the same cause I cannot doubt, but I humbly hope 
that the patient suffering of injustice by many will not be prejudicial to my seeking relief 
against the niiignitude of my loss. 

The enclosed Report was the result of an investigation by a Committee composed of the 
present Sjjealicr of the IIons(> of Assembly, the present Chief Justice, Captain Matthews, Mr. 
John Rolph and ilr. Ijeardsley. 

On the Report of that Committee a bill was passed by the last Parliament to enable Mr. 
Justice Willis to try the case over again, and thus supply the want of a Court of Equitable 
Jurisdiction, a means of redress which exists in England in ordinary cases. 

The bill was lost in the Legislative Council. 

A bill for the same purpose passed the representative branch of the Legislature during 
its present Session, to enable the Speaker of the House of Assembly of Lower Canada to try 
the cause. It was agreed to with only two opposing voices, and that too after the case had 
had the fullest consideration both in and out of Parliament. But the bill was lost in the Le- 
gislative Council and I am still without redress. 

That it is His Hxcellency's anxious and earnest wish that speedy and impartial justice 
should be administered to all His Majesty's subjects, without distinction, I firmly believe. 
And whether the obstruction in my case arises out of the composition of the Legislative 
Council, or from any other cause to mc unknown, I trust that His Excellency will exert his 
powerful influence to remove that bar, so that I may be enabled to have my case fairly tried and 
determined in a Court of law. 

I have the honor to be, 

With profound respect, 
Your most obedient and humble servant, 

(Signed,) ROBERT RANDALL. 

2. Mudge, Esquire, 
Civil Secretary. 



No. 6. 



GOVEUNMEXT HoCSE, 



Yonii, 25th March, 1830. 

Sm, — With reference to your statement transmitted to the Lieutenant Governor on the 4tb 
of !March, with the copy of the Iicport made by the Committee of House of Assembly, I am 



PKTITIOK — ROBERT RANDALL TO UOCSE OF ASSEMBLY OF U. C. 



C3 



dlrectwl to acquaint you that these documcuts have been sent to Mr. Doulton for his olwerva- 
tion« onil reply ; but as it iippcnrs tliat before Mr. r.oulton can be called on to enter fully into 
an iuvestiKUtion of nny of the charges that you may now think proper to allej^e opainst him, 
and which it is understood jou have on several occasious brou(j;ht forwanl, His Kxtellincy re- 
quests that you will trunsinit to ir.e for his information, such a statenuiit of your caise as may 
exhibit distinctly whether the prounds of your complaint arc against .Mr. iJou'ltou as comhictor 
of your suit, or against the Judges for an illegal decision, or against the .Sheriff, or the purchaser 
of your property. 

I have the honor be be, 
>^ir, 
Your most obedient, 

humble servant, 

Z. MUDGE. 
Robert Randall, Esq., 
M. P. P. 



land 



!4tb 
I am 



To the Honorable the Commons' IToiise of Atscmhl/i of Upper Canada, in Provincial 

Parliament Assembled. 

The Petition of Robert Randall, of Stamford, in the County of Lincoln, Esquire. 

Humbly Sheweth : 

That in the Year of our Lord one thousand eight hundred and sixteen or thereabouts, 
your Petitioner employed the present Mr. Justice Boulton, then Attorney (Jencral, as his legal 
adviser, in all his affairs relative to the disputed property between the Petitioner aud Jlessrs. 
Clark and Street. That Mr. Justice Eoulton continued such his legal adviser aud Attorney 
until his elevation to the bench, when he handed over the Petitioner's business and papers to 
his son, the present Solicitor General. That upon Mr. Justice Loulton's so giving up the bu- 
siness of the Petitioner to Henry John Boulton, I'^sqiiire, the latter required of the Petitioner a 
collateral security for the sum of fifty pounds, theu due to his father, for his professional ser- 
vices, as also for fifty pounds, which were to accrue to himself. That your Petitioner accord- 
ingly on the seventeenth day of March, in the year of our Lord, one t\ousand eight hundred 
and seventeen, executed and delivered to the said Henry John Boulton, a mortgage on Lot 
No. eleven in the first Concession on the Rideau, in the Township of Nepean, in the District ot 
Johnstown, containing two hundred acres, for one hundred pounds, payable withinterest on the 
first day of January, in the year of our Lord one thousand eight hundred and nineteen, and 
on the seventh day of July, in the year of our Lord, one thousand eight hundred and eighteen, 
your Petitioner executed and delivered to the said Henry John Boulton, a bond in a penalty 
of two hundred pounds, with a condition reciting the said mortgage, and to pay to the said 
Henry John Boulton the sum of one hundred pounds as mentioned in the said mortgage. 
That the above described Lot is a most valuable one, your Petitioner having many years ago 
been offered two pounds an acre for it, and another Lot in the said Township having been sub- 
sequently sold at Sheriff's sale, at Sir. Boulton's suit, for ready money, for four hundred and 
fifty pounds, or thereabouts, as your Petitioner has been informed and believes. 

That subsequently, and after the execution and delivery of the bond and mortgage, the 
said Henry John Boulton proceeded in the business of your Petitioner, and obtained against one 
Elijah Phelps, a verdict for a large sum — which having been set aside, and a new trial granted, 
the cause again came on for trial, at the Niagara Assizes, for the year one thousand eight hun- 
dred and eighteen, where Mr. Justice Boulton presided, and where your Petitioner attended, 
with a great number of witnesses to go to trial. That the said Henry Boulton also attended as 
Counsel for your Petitioner, but who refused in the first instance going on with the trial, until 
the Petitioner had given him his note for twenty-five pounds, payable on the first day of May 
A. D. 1819 ; but which note was not j^iven without a strong remonstrance from your Peti- 
tioner, as he considered he had already given him ample funds of security. That after giving 
tjie said note, Henry John Boulton promised to go on with the case immediately ; when your 
Petitioner went in search of his witnesses ; but on his return was not a little astonished to find, 



SJf- 



G4 



I'lrrrnox — RonKiiT handai-l to mouse op ahhkmdly of u. c. 



that till' eniiNC liiitl Ix'cn (irilcrcd to lie over to the next AsuizcH, in consequence of tlie iliidf^e 
dcciiniiin from iiiitixc's of (icliciicy to try it. Tliat your I'etitioner stron;,'ly renionstrateil 
a^niiiNt sucli a <lc<-i^ion, i)Otli with liis Coutucl and his liithcr the Jiul);*', wlio admitted to the 
Petitioner tiiat before lie aecipted tiie (,'ircuit in wliieli Xia^ara is, he knew tliiH trial would 
come on, and had dctcrniini d not to try it, aft lu- liad foruierly heen coiK-erned in it. That 
the said Henry .loliii Honllou inu>t have l)een aware that tluH cause would not he tried ; hut 
liad allowed )(>ur !\ lilioiier to f^o to a cousidiTahlu espviise in fjatheiin^' his witnes.^es; liad 
ohtuined hi.s note liir twenty -fi\c puund.s, and then abandoned him, and has never nIiicc done 
any huNinesH for him. 

That aiUrwiu-ds and innneiliately after the said note became due, your Petitioner was 
sued thereon, and ujion the aforesaid bond I)y the said Henry doini lioulton — he having (^ot 
out his writ directed to the fSherirt' of Niagara, on the twenty-first day of Jlay, A. D. 
181'.)- and tlie note h.in..,' only due on the first day of that month. That on 
the twenly-fonrth day (if June, l.si".), your Petitioner was served at his residence at Stam- 
ford, in tlie Niagara JMstrict, with the declaration and sunnnons, at the suit of the said Henry 
John liouiton, returnable on the fir.st of Trinity Term then next, and from that day, until 
about eigiiteen inontiis afterwards, and never until he was accidentally informed whilst attend- 
ing his duty in I'arliament, in the winter of ls21, of the sale of his lands at the sint of 
Henry John Doulton, did he hear verbally or by letter of its progress. That immediately 
after he was m) ser\ ed with the declaration and summons, your Petitioner wrote to the said 
Henry .John I'loulton u])on tlie subject, requesting to be informed of tlie progress of the said 
suit, but receiving no answer, he imagined the same was dropped. 

That on looking into the proceedings in the said suit, he finds the following to be the 
statement : — 

The summons issued the thirty first day of Blay, and was returnable on the first day of 
Trinity Term, l?;!'.). That on the thirteenth day of July following, on the affidavit of service 
of the same, on this Deponent, the declaration and summons were fyled in the Crown Office, 
and on the same day an ajjpearnncc entered in the same office by the said Henry John Coul- 
ton for your Petitioner. That on the name day an affidavit was fyled in the said office, made 
by a clerk of the said llenry John Boulton, that the place of residence of your Petitioner "in 
the Home District" was unknown to t)ie person who made the affidavit. That on the same 
day a demand of plea was put up or fyled in the said office, and accompanied the said affidavit. 
That on the iiinetLeiith day of June, four days afterwards, interlocutor// and y^iu/ judgment 
was signed against your Petitioner, and execution issued against the personal effects of 
your Petitioner to the Sheriff of the Home District for the amount of the bond, notes and costs. 
That in his declaration against your Petitioner, the said Henry John IJoulton declared in 
debt on the bond and note together, signed judgment on the same together, and issued exe- 
cution against your Petitioner for the same. 

That the execution ogainst your Petitioner's chattels (directed to the Sheriff of a District 
in which it was notorious to the Plaintiff, as well as to every other person who knew him, that 
he did not reside,) was returnable on the first of Jlichaclmas Term in the same year, and was 
fyled on the return day with tiie Sheriff's return of " no goods ;" ,ad on the same day, execu- 
tion was issued against the lands of your Petitioner, directed to the Sheriff of the Johnstown 
District, and returnable last of iMichaeimas Term, A. D. 1820, upon which your Petitioner is 
informed a most valuable Lot situated in the Township of Nepean, in the District of IJathnrst, 
on the lliver (.)ttawa, and luljoining most important water privileges, and not the one mort- 
gayed, has been sold to satisfy the said execution. 

That by the tenth Section of the Act of the 34:th of George the Third, regulating the 
practice of the Court of King's Eench, and under which Act the process in the said cause 
was issued, it is CJ'prcssl,// enacted, " That in all actions or suits where the Defendant or De- 
" fendants reside without the limits of the Home District, or District where the Court shall 
" be holden, eight days shall be allowed after such demand of plea, as the ordinary time 
" within which they shall be required to fyle their plea, &c." But that notwithstanding the 
said Act, the said Henry John liouiton, who perfectly knew the residence of your Petitioner 
to be within the District of 2siagara, and not in the Home District, not only from having served 
liim with the writ there, but also, from the letter which your Petitioner wrote to him after the 



PETITION— BOBERX RAKDALL 10 noUPB Of ASSEMBLY OF U. C. 



68 



the 



)i8trict 

that 

1(1 was 

3xecu- 

istown 

loner is 

Ithiirst, 

mart- 

Ing the 
H cause 
lor l)e- 
Trt shall 
[y time 
Eng the 
litioner 
] served 
fter the 



action was commcnccil, proccwlcd to nij^n not only Interlocutory but //in^ judgment within 
four days utler di>niaiui nCpIca, uiid tliut put up or tyied in a District where he well knew yuur 
Petitioner did not reside. 

That your Petitioner is informed by profossional genth>men, thot in no instance upon 
judgment by default, on a promissory note, can execution bo issued, until the note lias cither 
been to a jury to assess the damages, or been sent by a rule of Court to the proper oflicer, to 
compute the principal and interest ; but that notwithstanding this rule of law, execution after 
judgment by default was at once issued on the promissory note so given by your petitioner to 
the said Henry John Boulton. 

That by a general rule of the Court of King's Bench, in the 40th year of the late King, 
it is expressly ordered, that in future, the note or bond is to be produced for the inspection of 
the judges, *< when a motion is made to refer them to the master," but that the suit Henry 
John Boulton, not only did not produce either the note or bond to the judges, but did not 
even move the Court to have them rcf<;rred to the master. 

That by another general rule of the said Court made in the same year, it is expressly 
*' ordered, that from and after the end of this (MichiGlmas) Term, the clerk give no writ uf 
execution on default, without an order of the Court in Term time, or fiat of a judge in vaca- 
tion." That notwithstanding this rule, then in full force, the said Henry John Boulton pro- 
ceeded to sue out execution against your Petitioner, on a judgment by default without either 
an order from the Court or fiat from the Judge. 

That by another Rule of the said Court made in Hilary Term, in the 47th year of the 
same King, it is also expressly " ordered, that in all cases of Judgment by default, on Bonds, 
" conditioned for the payment of money, a rule Nisi, to refer the Bond to the master for 
" taxation, shall not be necessary, but a notice of motion for the peremptory rule shall be 
" given in writing to the Defendant, or his Attorney, at least thirty days before Hilary and 
" Easter Terms, und twenty-one days before Trinity and Michaelmas Terms respectively," 
which rule shall accordingly be made absolute, in the first instance, on affidavit of such notice. 
That notwithstanding this rulowa-> in full force at the time of signing the judgment againi 
the Petitioner, 'o nev^r received, nor did the said Henry John Boulton ever give the above 
required notice to your Petitioner, or to any Attorney for him. 

Tour Petitioner further repivsents, that as the said condition of the said Bond recited the 
eaid Mortgage, and professii ^' th.efore to be only collateral security, your Petitioner was 
entitled to the benefit of an Act oi the Legislature of the Mother Country and in force in this 
Province, requiring in behalf of such Defendants, that the Flaintiif shall set forth on record, 
the condition of such Bond, assign breaches thereof, and assess damages before a jury, and 
your Petitioner is informed that according to law no execution can in such case issue till such 
assessment has taken place. But in the suit against your Petitioner, the condition of the Bond 
is wholly suppressed and does not appear on the record. 

Your Petitioner found in the course of the applications made by him to the Court of 
King's Bench foi relief, that the following rule was insisted upon as a vindication of the judg- 
ment secretly obtained as aforesaid. 

Michcelmas Term, Scott, C. J. | 
Thorp, J. | 
It is ordered, that from and after the first day of Hilary Term next, in all cases where 
the Defendant has not appeared either in person or by his Attorney, judgment for default shall 
not be signed, without an affidavit first made and fyled of e. demand of plea having been served 
upon the Defendant personally, or by being left at his usual place of abode, if the same be in 
the district where the action is brought ; and if the Defendant's place of^abode be not in such 
district, that then t'le demand of Plea shall be entered in the office, accompanied by an affidavit 
stating that the Defendant's place of abode within such district is not known to the Deponent, 
and that Judgment by default in such case shall not be signed till 4 days afte" such service or 
entry respectively ; — By the Court. 

(Signed,) JOHN SMALL, 

Clerk of the Crown. 
I 



u. 



(.6 



PETITION — EGBERT RANDALL TO HOUSB OP ASSEMBLY OP V. C. 



Under this rule, persons are required to take an oath tlat muat do violence to the con 
science of tl;" Deponent, inasmuch ns it iinpliesa belief that tho Defendant's place of residence" 
is in such District, but not known to the Deponent. 

Your Petitioner also felt leeply aggrieved at the operation of the said Eule, not only 
because it arbitrarily deprived your Pttitioner of a service of the notice at his place of abode, 
and warranted a judgment in 4 instead of 8 days, in defiance of the laws of tiiis Province, but 
also because it violated the common principles of justice, by requiring notice to be served upon 
the rcsiderts of the Home Di'-tiict, wuile it favored the Attornies of this Town, by exempting 
tlieni from the trouble of giving such notices to those Defendants, who from their remoter 
residence from the Crown Office in the outer districts, particularly needed a rule of the said 
Court to enforce, rather tliRu to supersede, the just enactment o** t!. Provinc'al Legislature, 
for their protection. 

That on being informed as before mentioned, of the sale of your Petitioner's lands, at the 
suit of the ?iiid Henry John Boulton, (and which was the first intimation he ever had of the 
progress of the waid suit), your Petitioner immediately caused the proceedings to bo looked into, 
and finding the above gross irregularities in the proceeding'!, he caused an application as soon 
as Counsel could be heard, to be made to the Court of King s Bench lor relief, in setting aside 
the judgment and c.ieeution which had been so manifestly obtained against every rule and 
order of t!ic said Court ; but after argument, the Court decided it came too late. 

That your Petitioner subsequently caused another application to be made on the same and 
other grounds to set aside this judgment, conceiving that it had not been fully argued, but it 
was again decided against him, on the grounds of the former decision, although the Court ex- 
pressed a strong wish to interfere, if it could consistently with its rules. 

Your Petitioner also Isumbly states that on the second application made for relief against 
this judgment, the Judges of the said Court upheld the same on the ground that the matter had 
been before heard and determined by them, and that according to an "incient rule of Court in 
the reign, as your Petitioner believes, of one of the Jameses no matter heard by Counsel on 
both sides and on 'vhich the opinion of the Court had been given could be re-opened, and that 
the Counsel attempting it was liable to be silenced for one year, and should the Court be again 
troublid a second time in like manner, they would deeire to see the penalty inflicted ; and your 
Petit iuiii'i- cannot but feel and express tiie oppression which he suffers from the unjust adherence 
to one rule of court for the purpose of upholding against your Petitioner a judgment which had 
been obtained by the violation of three other rules of court equally solemn and binding, and 
even in violation of Ec^-eral legislative enactments in this Province at ' in England, the due 
and honorable observance of which by the said Henry John Boulton would have been an 
ample protection far your Petitioner against the ruin and injustice brought upon him. 

That in the year 1824, immediately after the last decision, as a last resort to get rid o^ 
this extraordinary judgment, your Petitioner was advised to bring a writ of error coram nobit 
to I'e verse this said judgment, that being, in the opinion of his Counsel, his only chance ; but 
the difficulty lay in procuring the writ, as it is an original one which issues out of Chancery, 
and there being no Court of that description in this Province. This difficulty was, however, at 
last surmounted, the writ obtained under the great seal of the Province, error assigned and 
pleaded to, and the matters urgued in the vacation of Trinity Term, A. D. 1825, before two 
of the Judges, Mr. Justice Boulton being absent in England, and judgment was to be given 
in the following Term. 

That on applying for judgment, so faras your Petitioner could judge, the Judges seemed 
divided in their opinions, and that therefore your Petitioner would have received nothing by a 
division of opinion — but without giving judgment, the decision was, that the matter must 
stand over till the Bench was full. 

That this was to your Petitioner tantamount to a decision against h'ni, ''nasmuch as Mr. 
Justice Boulton had on a former occasion, as before stated, refused to try a vause in which he 
had been interested for your Petitioner, and could not now of course be expected tt ,-;ive an 
opinion either way, as the greater part of the money recovered by this very judgment had 
been received by him. 



\ti: '.'.tt'M 



r«Mi 



PETITION — BOBBRT R.UfDALL TO THB HOUSE OF ASSEMBLT OP V. C. 



67 



That strange na it maj seem, the Sheriff of the Johnstown District, instead of selling iha 
Lot, so mortgagi.d by your Petitioner to the said Henry John Boulton, and thus as it wcr-.- 
foreclosing the same, sold another and still ir.ore valuable lot belonging to your Petitioner, luid 
the same was purchased, as your Petitioner has been informed, by Levius P. Sherwood, Esij., 
who has since been elevated to the Bench. 

That your Petitioner, under these circumstances, would not feel it proper, and has been ad- 
vised not to apply to the Oourt for their judgment, which your Petitioner thinks, under the 
very peculiar circumstances of the case, could not be had, 'or the same reason that the Ilonor- 
abUi Mr. Justice Boulton once r(^fused to try a case for him. 

Your Petitioner humbly represents, that after submitting to many losses an 1 anietions 
which would break the heart of J'.lmostany man, he found that the most valuable remnant of 
his property had been most crneily sacrificed, under this irregular and nefarious jiuljtnent, and 
unless relieved by t'l:"^ interposition of your Honorable House, he shall have to nuinbui' himself 
among those who have fallen victims to injustice and oppression in this Province. 

That there being no higher court in this Province, to which your potitiou«r can now 
resort, he has thus petitioned your Honorable House to interfere and grant him such relief us 
to your Honorable Body may appear just. 

And as in duty bound will ever pray. 

ROBERT RANDALL. 

York, Januari/ I'Jlh, 1828. 



Certified to be a true copy, 



JAMES FITZGIBBOX, 

Clerk of Asscmhlij. 



Ui'PEH Canada — Admimstration of Justice. 

[From the Journals of the House of Commons, July 31, 1332 — 3, \ViIliam IV, vol. 87, page oil.] 

Address resvkctino Uppep. Canada. 

" Resolved, That an humble Address be presented to His Slajesty, that He will be gra- 
"ciously pleased to give directions, that there be laid before this House, a copy of an Address 
" to His Majesty, from the House of Assembly of Upper Canada on the Administration of 
" Justice, dated 14th March, 1829, which Address that House humbly prayed His Majesty to 
"lay before the House of Commons of Great Britain and Ireland." 

" Ordered, That the said Address be presetited to His Majesty by such Members of this 
" House as are of His Majesty's most Honorable Privy Council." 

[From same volume, page 564, August 3.] 
Anstoer to the Addrett. 

" Lord Viscount Allhorp reported to the House, that their Address of the 31st day of 
" July last, had been presented to His JIajesty ; and that His Majesty had commanded him 
" to acquaint this House, that he will give directions accordingly." 

[From same volume, page 689, August ICth.] 

" j\Ir. Rice presented," " Return to an Address to His Majesty, dated 31st July last, for 
" copy of an Address to His Majesty, from the House of Assembly of Upper Canada, on the 
" Administration of Justice, dated 14th March, 1829." 

" Ordered, That the said papers do lie upon the table; a d be printed." 



'-% sikii 



Li'*A-'- ■;/;...,-; .!.L»,»f>,f.j 



MMil 



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68 



ADDRESf TO IHE KING ON THE ADMINISTRATION OF JUSTICE. 



[From the Sessions' Papers of the IIou:.- of Commons, 1831-32, No. 740.] 
Return to an Address to His ]\Iiijesty, dated 31st July 1832, for copy of an Address, &c. 



Coh)nial iJcpartment, Downing Street, ") 
IGru Alolst, 1h32. J 



{Mr. Hume.) 



(Signed,) 



R. W. HAY. 



UPPER CANADA. 



Copi/ of an Address to Ilm ilAJEiTV, froin the House of Assembly of Upper Canada 

dated UtU MarrJi, 1829. ' 



TO THE KING'S MOST EXCELLENT MAJESTY. 
Most GRACiors Sovliieion, 

WE, Your Majesi y's dutiful andloyal Subjects, the Commons of Upper Canada, in Provin- 
cial Parliament assemhiod, humbly request Your Royal attention to the dependent and very 
unsatisfactory state of the Judiciary in this Country ; and we further pray that our earnest 
wishes and solicitude expressed in this Address to Your ^lajesty, may in our behalf be laid 
before Your ^Majesty's faithful Commons in imperial Parliament assembled. 

In former Sessions of the Provincial Legislature, we pressed this painful and now alarm- 
ing subject upon Your Royal consideration, representing the expediency of exempting the 
Chief Justice in this Province from the duties imposed upon him in the Executive Council, 
and of rendering the Judges independent of the Crown and of the people. 

During the present Session, we have received from His Excellency the Lieutenant 
Governor, a Message, from which it appears, that on the subject of the Judges being com- 
missioned to hold ofjice during good behaviour, Your Majesty's Government find there are 
many difficulties to which, it is apprehended, this House may not have adverted, and that it 
is with a view solely to the welfare of the Province, and to the impartial Administration of 
Justice, that Your Majesty's Government hesitate to remove from the Judges in this Pro- 
Tincc their direct responsibility to the Crown. 

Upon so important a subject, involving the interests, the rights, the liberties, and the very 
lives of the people of this Province, it becomes us with earnestness to repeat our humbie 
remonstrances against the present state of things. 

We regard with grateful recollection the memorable declaration of ilis late ]Most Gracious 
Majesty from the Throne, " that he looked upon the independence and uprightness of the 
" Judges as essential to the impartial administration of Justice, as one of the best securities of 
" the rights and liberties of his Subjects, and as most conducive to the honour of the Crown." 
In this respect we rejoice at the unparalleled happiness of t' e people of England ; we cannot, 
however, but feel that as a portion of Your Majesty's free and glorious Empire, we also are 
equally interested and entitled to have justice administered amongst us by independent 
Judges, equally able to appreciate the value of so great a blessing, and disposed with consti- 
tutional jealousy to watch over ^he judicial character, to preserve 't unsullied by imjust 
reproach, and uuawed by the vindictive exercise of the Royal Prerogative by the Provincial 
Authorities. 

In this Province, it is exceedingly desirable and even necessary that the Court of King's 
Bench should for many years to come be wholly composed of Judges selected from the English 
Bar ; Judges who would in that case be as free as possible from the entanglements of family 
connexions, the influence of local jealousies, and the contamination of provincial politics : 
without such a change, Justice never can in this Country be administered with purity, or rise 
above suspicion. 



ADDRESS TO THE KINO ON THE ADMINISTRATION OF JUSTICE. 



69 



We duly value the assurance of Your llajesty, conveyed in ilie Jrcssajrc of His Excel- 
lency, " that the direct responsibility of our Judges to the Crown is enforced by i'our JIajesty 
" only on the most serious occasions, and never in respect co any act which can be jiroperly 
" considered judicial." But although Your Majesty is thus graciously pleased to declare, that 
Your .Majesty in the exercise of Your Uoyal Prerogative will be governed by a >r.axini so con- 
sonant to l-tritish Justice, yet that assurance, while it is grounded upon the continual depen- 
dency of our Judges, can afford no sufficient and practical remedy against the abuse of Your 
Majesty's Koyal I'rerogative by the Provincial Administration. This abuse of Your IMajesty's 
Royal Prerogative has been flagrantly manifested by the late violent, precipitate and 
unjustifiable removal of the Honorable Mr, Justice Willis from the Court of King's Bench in 
this Province. 

The pretence for this almost irreparable wound to the Constitution appears to have been 
the declaration of an opinion l)y tlmt learned and upright .ludge, upon the constitution of the 
Provincial (!ourt of Iving's llcrch, which opinion was evidently expressed to expiaia and justify 
his submission to a conscientious conviction of the impropriety of knowingly proceeding in the 
administration of the law in a Court not organized as the law requires. 

By the Pi'ovincial Act erecting tliat Court, it is wisely provided, " that a Chief Justice, 
" together with two Puisne Judges, shall preside therein." No explanation can add to the 
clearness of tiiat provision, so obviously conducive to the safety and liberty of the subject ; 
and it has become our urgent duty humbly to declare tc Your i\[ajesty, tliat our duty forbids 
us to yield to the attempts of the local Administration, to entail upon us the dangerous en- 
croachments made i:i years of past misrule, by establishing such a construction of that law as 
wouM place the rights and liberties, the property and lives of the people of this Province, at 
the disposal of one, while a liberal salary is provided for three Judges. 

The opinon of the learned Judge became officially known to the local Government some 
weeks before the commencement of the Term in which it was expressed. 

Finding tliat no step was taken to organize the Court according to law, and avert the con- 
sequences inevitably following pertinacity in the error, jNIr. Justice ^Villis honourably with- 
drew from a scene, by a continuance in which he must have compromised his judicial charac- 
ter. Under these circumstances, it appears that the Executive availed itself of the depen- 
dency of the Judiciray, and Mr. Justice Willis was unnecessarily and violently removed from 
his office, because, educated in no school of subservient principles, he would not yield to 
doubtful expediency and unlawful usage. 

We are not insensible of the advantages of the provision against granting Ofices in 
Your Majesty's Colonies in America to persons resident or intending to reside in Grea*- 
Britain ; a provision manifestly intended to apply particularly (perhaps exclusively) to 
offices which could be exercised by Deputy, and therefore farmed out to the best bidder ; but 
it is with concern and dismay that the people of this Province have witnessed the perversion of 
law and power, for the dangerous purpose of removing a Judge, whose only offence we be- 
lieve to be a scrupulous and conscientious discharge of his judicial duty. 

The same power which authorized the removal of Mr. Justice Willis, supposing it to be 
lawful, and the appointment of Mr. Justice Ilagerman in his place, might with greater facility 
have created a Chief Justice to organize the Court according to law. But we feel that the 
magnitude of the outrage itself against the justice of the Country is so great, as to forbid our 
descending to those particulars of wWch we can be only partially informed, from the policy of 
the local Administration in withholding from us that information which might more fully 
expose the enormity of the transaction. We humbly desire, however, to declare to Your Ma- 
jesty, that had the law not placed it in the power of the local Government to avert the evils, 
the apprehension of which they affect to have influenced their conduct, we would esteem those 
evils very subordinate to this intimidation of our Judges, by the cruel aspersion of the char ■ 
acterand unjust ruin of the prospects of one of their number, by the bold and daring exercise 
of arbitrary power. 

Although the defective constitution of the Court, and the consequent illegality of its pro- 
ceedings, have been known to the Provincial Government since Trinity Termlast, yet the admi- 
nistration of Justice has not been relieved from this serious embarrassment, by the due orga- 






:t. 



fy'Jf^vi 



70 



ABDRES3 TO THE KIXO ON THE ADMINISTRATION OF JUSTICE. 



nizntion of that Court, nor lias His Excellency been advised to brinp; this all-importnnt state 
of the Country under the notice, or to recommend it to the consideration of the Provincial 
Legislature. We therefore cannot too earnestly express to Your ^lajesty our deep sense of 
the injustice, inexpediency and illegality of persisting in the mnintenance of tlie present 
defective state of the Court : and to represent to Your JFajesty tiie sacred duty which wc 
feel to be imposed upon us, firmly to protect the interest of those suitors who have l)ceri pre- 
judiced, either because they abstained from a Court which was violutin^:^ law, or because they 
were driven by their necessities to yield to this assumption of judicial power. 

In Michaelmas Tern last, Mr. Justice llagerman alone constituted our Court of King's 
Bench, wherein he confirmed his own questioned judgment at tlic preceding Assizes, in a trial 
in which Mr. Justice Sherwood was interested ; the result of which trial iu\olveJ a property 
of very great value, acquired through those extiaordiary judicial proceedings in the case of ^Ir. 
Randall, whose injustice has longbeen unavailingly an object of legislative relief and public sym- 
pathy. It is from sucli proceedings, such Courts, and such Judges, that the people desire to 
be relieved. 

We had hoped that the .appointment of Judges from England would redeem the character of 
the Provincial Judiciary; but tliat hope has been greatly impaired, by finding tliat such men 
have been esteemed by those in power too eoascientious for Colonial rule. \\'e feel that no 
gentleman of the English Har, gifted with learning and character, will come to administer 
justi':e amongst us. if he is subject to an ignominious removal, and obliged to meet in England 
charges unknown to Iiim, got up against him without rerrard to the laws of honor, .or justice of 
the country. 

Wc humbly ex])ress to Your IMajesty our serious apprehension that the learned Judge 
who has thus far been a victim of Provincial persecution may be elevated to some higher place 
in Your Itoyal consideration, instead of Ijeing restored to his scat upon our Eonch, as the most 
effectual metliod of wiping away the stain attempted to b'^ affixed to his character, and of 
healing the wound inflicted upon the Justice and Constitution of the Country. His reinstate- 
ment in office as our Judge, is most desirable for the peace and happiness of the Province, and 
for the restoration of public confidence in the administration of the law. 

In the name of equal justice, we further humbly pray Your Jlajesty to cause a strict 
inquiry to be miule into the conduct of all persons directly and indii^ctly concerned in this 
overbearing and despotic proceeding ; and, as the only means of assuring our future security, 
to expose them to whatever punishment may be due to their respective crimes, as advisers, 
abettors, and approvers of the same. 

Should Y'onr Jlajesty be advised to disregard these our just and earnest prayers against 
grievances which have increased under the patience with which we have hitherto endured 
them, wc sluiU be constrained to feel, that while we form a part of the Uriti:jh Empire, wo are 
excluded from sharing its equal ana exalted justice. 

Wc again humbly pray Your ilajesty to lay the whole matter and prayer of this Address 
before the Lritish House of Commons, and to communicate to them our earnest hope that they 
will be pleased most favoraljly to regard our wishes, and promote by their wisdom and counsel 
the redress of our wrongs. , 



Commons' House of Assembly, 
14th March, 1829. 



(Signed,) MARSHALL S. 



BIDWELL, 
Speaker. 



state 
'incinl 
n«c of 
resent 
ell we 

pre- 
e they 



INDEX 

TO TItE MATTERS CONTAINED IN THE PETITION, Ac, 



Page. 

Address to the Crown, by U. C. Assembly, 68 

Address of liouse of Commons for copy of U. 

C. Address, 67 

Baldwin, Hon. Robert, 7, 26 

Evidence of 33 

Bahlwin, Hon. Dr. W. W., 7, 15, 16 

Beardsley, B. C.'s Report on Randall's Petition, 8 

Evidence 28 

Bidwel], Hon.M. S., 7, 17, 26 

Bills, for Randall's relief, 14, 15, 19 

Boulton, Hon. Henry John, 4, 5, 6, 63 

Report on his prosecution of Randall, ... 8 

Examined 31 

An agent to obtain grant of Chaudi^re 

Estate, 17, 48 

Boulton, Mr. Justice, Advocate for Randall 4, 50 

Randall to, 51 

Bridgewater case, 4, 5, 25 

Chaudii'TC Estate, Bytown, . . 3, 4, 6 to 12, 17, 27 

Randall's application for, 46 

Instructions concerning, 49 

Hon. W. McGillivray's certificate, ... 60 

Petition to Governor Gore for, 53 

Letters about, 65 

Lawsuit, 63 

Value of, in 1836, 59, 60 

Estimated value in 1852, 13 

Clark, Hon. Thomas, 25 

Clergy Reserves, Nepean, 6, 23, 27 

Colborne, Sir John, — Randall's complaint to,... 62 

Dalhousie, Earl of , his efTorts to protect 

Randall, 20, 23, 24, 57, 61 

Devisees of R. Randall, 2 

Fillmore, Hon. Millard (now President of the 

United States,) 26 

Hagerman, Mr. Justice, 1, 21 

Jones, Jonas, Barristnr, retained for Sherwood 20, 21 
Randall's objections to Jones, whom 
Lord Dalhousie had also retained for 

him 65 

Justice, Administration of 1, 2, 8, 17, 19 

Address to the Crown relative to, 68 

King's Bench, Court of, 1, 8, 

Willis on 21 

LeBreton, Capt. John, 3, 6, 12, 23, 32, 65 



Page. 

LefTerty, John J., evidence 28 

Legislative Council, U. C. throw out Bills for 

Randall's relief. 15, 16 

Mackenzie, W. L., Petition of 1 to 23 

Prayer of Petition 22 

Morris, Hon. William, evidence 29, 30, 

Papineau, Hon. Mr. Speaker, named as Chan- 
cellor, 15 

Plea, how demanded in Randall's suit, 2, 9, 11 
13, 22, 26, 31, 32, 34, 64 
Radenhurst, Thomas M. defending Randall's 

title 20,21 

Randall, Robert, 1 

Immigrates to Canada, 3 

Petitions Govemoi Gore, 27 

Randall's lawsuit with Boulton, 8 to 12 

Details thereof, 34 to 42 

Randall on 51, 56 

Instructions to Firth, 20 

Petition to U. C. Assembly (1828) on... 63 
Report, in U. C. Assembly, 1828—8, evidence 28 
Report, in U. C. Assembly, 1836 — 17, evidence 38 

Robinson, Hon, J. B 7 

Defending Randall's title 20 

Opposing Rolph's motion, < 24 

Evidence 30 

Rolph, Hon. John, 7, 13, 17 

Motion in King's Bench, 24 

Address on Randall's trial 25 

Sher\vood, Hon. Levins P., 1, 3, 6, 21 

Examined 33 

Stewart, Alex., Banister — his statement, 13 

Thorbum, David's Report on Randall's Petition 17 

Evidence, 38 

Tucker, Hon. Ex-Chief Justice, named as 

the Chancellor, 19 

Upper Canada Legislative Assembly, Com- 
mittees of, 7, 17 

Randall's Petition to (1828), 63 

Waters, Charles, M. P. P., Reports on Nepean 

Estate, 69, 60 

Evidence, 60 

Washburn, Mr., on Writ of Error, 25, 68 

Willis, Hon. Mr. Justice, named as Chancellor, 14 
His opinion, 21 



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